Joseph vs State Of Kerala

Shaji P.Chaly, J

This writ petition is filed by the petitioners seeking a direction to the respondents to construct a new bridge across the Mundappally thodu in the

place of an old wooden bridge.

The grievance highlighted by the petitioners is with regard to the difficulties faced by them to cross a stream (thodu) by name Mundappally thodu in

the absence of a bridge within the limits of the Pulinkunnu Grama Panchayat. According to the petitioners, they and other people are using an old

wooden bridge put across the stream for going to schools, hospital, church, temple, bus stop etc. and the wooden bridge is in a dangerous condition

which is likely to cause dangers to the life of the passers by, including the petitioners.

The petitioners have also submitted Ext. P1 representation before the District Collector, Alappuzha, President, District Panchayat, Alappuzha,

Executive Engineer, Jilla Panchayat, Alappuzha and various other organisations.

The second relief sought for by the petitioners is for consideration of Ext. P1. The writ petition was pending before this Court from the year 2012

without securing any interim orders. In that view of the matter and since 9 years have elapsed, I think, it is only appropriate that the writ petition is

disposed of at least at this distance of time.

Therefore, after having heard the learned Government Pleader Sri. Riyal Devassy and perusing the pleadings and documents on record, this writ

petition is disposed of directing the District Panchayat, Alappuzha to consider Ext. P1 representation submitted by the petitioners at the earliest and at

any rate within three months from the date of receipt of a copy of this judgment, if it is not already considered and a decision is taken.

However, I make it clear that if under any circumstances, Ext. P1 was considered and appropriate decision or action was taken, the proceedings shall

not be reopened.