The court emphasizes the duty of governmental bodies to ensure timely completion of public works as stipulated in contracts, reinforcing the right to enforce performance through writs of mandamus.

JUDGMENT

This writ petition is submitted by the petitioner seeking the following reliefs:

“i. To issue a writ of mandamus, order or direction to respondents 1, 4 to 7 to ensure that the work proposed in Ext’s P1 and P2 is completed at the earliest.

ii. To issue a writ of mandamus, order or direction to respondents 1, 4 to 6 to complete the tender process in respect of the work proposed in Ext’s P1 and P2 at the earliest.

iii. To issue a writ of mandamus, order or direction to respondents 4 to 7 to repair and maintain the stretch of the Kumarakom – Nedumbassery road from Peruva to Piravom and to level the road by filling up the sides of the elevated portion of the road.

iv. To issue a writ of mandamus, order or direction to the 1st respondent to consider and pass orders on Ext P11 at the earliest after hearing the petitioner.

v. To issue a writ of mandamus, order or direction to the 6^th respondent to consider and pass orders on Ext P12 at the earliest after hearing the petitioner.

vi. To dispense with the production of the English translation of the Malayalam Exhibits.

vii. To grant such other reliefs as this Honourable Court may deem fit and proper.”

Thus, the grievance of the petitioner is with regard to the failure on the part of the respondents to maintain the Kumarakom- Nedumbassery road, despite the fact that, tenders floated in this regard and the work was awarded to a contractor. In response to the averments contained in the writ petition, a counter affidavit and an additional counter affidavit was submitted by the 7^th respondent. In the additional counter affidavit submitted by the 7^th respondent it is averred as follows:

“6. Para 5 of the Writ Petition is answered accordingly.

The 6^th Respondent has requested Chief Executive Officer (CEO) Rebuild Kerala Initiative (RKI), to get permission for balance works in the subject road for an amount of Rs. 157.91 Cr. True copy of Letter No. KSTP/48/2024-AE dated 29/05/2025 is already produced and marked as Exhibit R7F. The Chief Engineer, KSTP has given permission to use imprest fund for arranging urgent rectification works in the road. (Exhibit R7E). Accordingly, urgent filling of pot holes temporarily using scarified materials received from KRFB work in Muvattupuzha town is already done and other rectification works using GSB materials is in progress. Now sanction has been obtained for estimate of balance work for an amount of Rs.120.32 Cr revising the total project cost to Rs.157.91Cr and it is already produced and marked as Exhibit R7G. The balance work was tendered on 07.08.2025 and the tender opening was on 15.09.2025. The letter of acceptance is issued to the lowest bidder M/s EKK Infrastructure Limited with a time of completion of 15 months and now the process of execution of agreement is under progress. True Copy of Letter of Acceptance KSTP/301/2025- AE dated 09/10/2025 is produced herewith and marked as Exhibit R7H. The contractor starts pot hole filling work from Peruva to Peruvamuzhi road which is under progress and expected to complete within two weeks. Photos is produced herewith and marked as Exhibit R7I.”

2. Today when the matter came up for consideration, it is submitted by the learned Standing Counsel for the respondents 6 and 7 that, based on Ext.R7H, the work has already commenced, and it is now in progress. Every steps would be taken by them to ensure that the work is completed within the period specified in the letter of acceptance issued to the contractor.

In the light of the above submissions this writ petition is disposed of directing the respondents 6 and 7 to ensure that, the work awarded as per Ext.R7H is completed within the time stipulated in the contract, which is 15 months.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE scs APPENDIX OF WP(C) NO. 24542 OF 2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTIFICATION OF THE AWARD DATED 21.04.2021 ISSUED BY THE

6TH RESPONDENT Exhibit P