Residents'' Association of Navodaya South vs State of Kerala

Dr. Manjula Chellur, C.J.—Petitioner is a Residents'' Association who are before us in a public interest litigation complaining the bad condition of a part of Kakkanad - Navodaya - Pallikkara PWD Road on account of laying of pipelines and other works carried on between Athani to Navodaya, part of the above said road. About 85 families are residing near Navodaya Junction and the stretch of the damaged road is about 1.2 Kms. Since 2002 the said road is not maintained and with the frequent laying of pipelines or other cable lines, the condition of the road has made the road so bad that public cannot use this road without difficulties. In spite of deposit of 63 lakhs and odd by KINFRA, no attention was paid to repair this road except putting up metallic work of the road as preparation and that too was at the instance of some serious protests made by public. Petitioners in various paragraphs have indicated, how since 2002 till date the said road was meddled with some work or other but maintenance was unattended inspite of deposit of money and the funds being available. It also shows that in the month of April, 2014 a mediation was conducted in the Chambers of Additional District Magistrate wherein respondents 4 and 5 have undertaken to restore the road to good condition after repairs. But nothing was done. Therefore, the unusable road and due to heavy potholes, public are finding difficult to come to this road and it is not only causing traffic problems but also accidents. With these averments they have sought following reliefs:

(a) issue a writ of mandamus, such other order or direction to the respondents 4 and 5 to undertake and complete the restoration works including tarring of Athani to Navodaya Section of Kakkanad - Navodaya - Pallikkara PWD Road within such time as this Hon''ble Court shall deem just.

(b) issue a writ of mandamus, such other order or direction to the respondents 2 and 3 to ensure compliance of the assurances made by the respondents 4 and 5 to them that the restoration works including tarring of Athani to Navodhaya Section of Kakkanad - Navodaya - Pallikkara PWD Road would be completed before 15.05.2014, at the earliest.

In response to the above writ petition, respondent No. 5 has filed a statement wherein they have admitted practically the bad condition of the road. But they have tried to explain the difficulties faced by them because of escalation of prices for maintenance of the work from the date of sanction, estimate, etc. They also admit that on account of Kerala Water Authority laying pipes, the road at this Navodaya Junction was interfered with which has left the road with heavy portholes and whatever metallic work that was done is of no use. According to them, on 17.5.2014 repair work of this portion of road was tendered and execution of work was in progress. But for the monsoon, they could have completed the work as well and now fifth respondent submits if they have three clear days without any rain, they would complete the repairs of this part of the road. The administrative sanction was given for Rs. 11,44,792/-.

We have gone through the pleadings and also the photographs filed in support of averments in the writ petition. The very picture depicted in the photographs clearly indicate the road in question is not at all worth to travel. But, unfortunately, 85 families living around this place have to use this road. We also see that this road is used by heavy vehicles also like trucks and heavy passenger vehicles. Having regard to the fact that administrative sanction is already accorded and the only obstruction or obstacle seems to be monsoon. We fail to understand why they could not complete the work earlier if it was tendered in the month of May itself. The fact remains the road in question certainly needs attention and having regard to availability of funds respondent authorities must pay attention to complete the repairs atleast by end of September 2014.

With these observations, we allow the writ petition directing the respondents 4 and 5 to complete the repairs and make the road travel worthy on or before September, 2014.