IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY MONDAY, THE 7^TH DAY OF MARCH 2022 / 16TH PHALGUNA, 1943 WA No. 1312 OF 2021 AGAINST THE JUDGMENT IN WP(C) 1724/2021 OF HIGH COURT OF KERALA DATED 8.4.2021 APPELLANT/ADDL. 5 ^TH RESPONDENT:

M. ABDUL JABBAR AGED 67 YEARS, S/O. ALIKUTTY RESIDING AT MUNDODAN HOUSE, MOORKKANAD P.O., URNATTUGIRI, MALAPPURAM DISTRICT. BY ADV S. SHYAM KUMAR RESPONDENTS/PETITIONER & RESPONDENTS 1-4:

1 MUHAMMED SHAJEER AGED 38 YEARS, S/O. ABDURAHIM B, THERATTAMMAL, OORAGATTIRI P.O., AREACODE, MALAPPURAM.

2 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, THE DEPARTMENT OF FINANCE, SECRETARIAT, TRIVANDRUM, PIN-695 001.

3 THE SECRETARY TO GOVERNMENT THE DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS, SECRETARIAT, TRIVANDRUM, PIN-695 001.

4 THE CHIEF ENGINEER (ROADS AND BRIDGES)

THE DEPARTMENT OF PUBLIC WORKS, PUBLIC OFFICE, MUSEUM JUNCTION, PIN 676505.

5 THE EXECUTIVE ENGINEER PWD ROAD AND BRIDGES, MALAPPURAM, MALAPPURAM DISTRICT, PIN-676 505.

BY ADV. K.RAKESH FOR R1 SRI. K.P. HARISH SR. GOVT. PLEADER FOR R2-5 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T Dated this the 7^th day of March, 2022 S. Manikumar, CJ.

Before the writ court, petitioner has sought for the following reliefs:

i) Call for records leading up to Exhibit P7 and set aside the same by issuing a writ of certiorari or any other writs, orders or directions;

ii) Direct the 2^nd respondent to issue appropriate directions for completion of work of Moorkkanad Foot Bridge in war footing, strictly in tune with Exhibit P6 G.O. dated 11.1.2021;

iii) Declare that in view of Exhibit P2 and P3, the entrustment of work to PWD is meaningless and obviously would stifle a public work intended for public convenience and safety.

2. After considering the rival submissions, writ court, vide judgment in W.P.(C). No.1724 of 2021 dated 8.4.2021, ordered thus:

“2. Ext.P7 order was passed by the Finance Department directing that the work relating to the footbridge shall be undertaken by the Public Works Department. After the writ petition came up for consideration, the Government again changed their stand and ultimately issued Ext.P10 letter by the Chief Engineer to the Government, stating that the appropriate authority for undertaking the work is the LSGD and the LSGD has already been given administrative sanction for carrying out the work for a sum of Rs.3 crore. It was also stated that the work is to be done on a Panchayat road and the appropriate authority to undertake the work would be LSGD.

3. Petitioner's case itself was that the work has to be undertaken immediately as the absence of a footbridge was causing very serious inconvenience to the school students pointing out thatthere was unfortunate incidents in the year 2008, where school students drowned in the river. It was also stated that there is no sufÏcient space for the service roads if any other kind of bridge is constructed.

4. The learned Special Government Pleader submitted that the work can be completed in tune with Ext.P10 order by the LSGD on the basis of the administrative sanction already issued in Ext.P6.

Therefore there shall be a direction to the 2nd respondent to see that the work of footbridge is carried out at the earliest point of time, if possible, before the monsoon starts.”

3. On 8.11.2021, when the matter came up for admission, we passed the following order:

“Being aggrieved by the directions issued in W.P.(C) No.1724 of

2021 dated 8.4.2021, instant writ appeal is filed.

2. Material on record shows that the subject matter pertains to construction of Moorkkanad foot bridge over the Chaliyar river connecting Ooragattiri - Arikkod Grama Panchayats.

3. Based on a letter dated 11.5.2020, sent by Ernad M.L.A. to the Hon'ble Minister for Finance, the Government have issued Exhibit.P5 G.O.(Rt)No.4067/2020/FIN dated 5.7.2020, transfering the work