ANOOP.P.D, Vs. STATE OF KERALA

JUDGEMENT

(1.) Instant writ petition is filed with following prayers:

(2.) The works of upgradation of the road from Ponkunnam to Thodupuzha including Thodupuzha Bypass of SH-8 was awarded to the 9 th respondent for an amount of Rs.227,13,73,548/- vide Ext.P1 contract. Excavation activities are conducted in a hill area and the granites, rocks and soil are huge quantities in the site. The quantity of the materials to be excavated from the site are not ascertained by the respondent No.2 or 3. It is submitted that after completing the works the quantity of the materials cannot be properly ascertained. This will cause huge financial loss for the state. Respondent No.3, K.S.T.P is entitled for the materials excavated from the site. These materials are used by respondent No.9 for the upgradation works of the road. Without ascertaining the quantity of the materials, granite and soil, the materials are used by the respondent No.9 for the works. The land near the road are unnecessarily excavated and huge quantity of granites and soil are collected illegally and used for reclaiming private properties in collusion with owners of the land. Hence with the prayers cited above, this writ petition is filed.

(3.) Denying the allegations the 3rd respondent filed a detailed counter affidavit, wherein it is stated as hereunder: