A SUBAYER Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS public interest litigation is filed by a person who claims to be a social activist. He has produced Exts.P1 and P2 reports to indicate his involvement in issues relating to public amenities especially in regard to the water logging in East Fort and Thampanoor area at Thiruvananthapuram. The relief sought for is to quash Ext.P4 order, (wrongly typed as Ext.P3) to issue directions to comply with Ext.P13 direction issued by this Court and to complete the construction of Killippalam - Eanchakkal bypass road within the time limit fixed by this Court. He also seeks for a direction for a CBI or Vigilance enquiry in regard to the expenditure of public money in the name of several projects implemented by Thiruvananthapuram Development Committee. The petitioner also seeks a writ of prohibition to restrain respondents from taking further steps to construct Thakaraparambu fly over construction.

(2.) THE facts that led to the above case disclose that petitioner challenged construction of fly over at Thakaraparambu at Thiruvananthapuram city and according to him, widening of Killippalam - Attakkulangara - Eanchakkal bypass is the remedy to solve the problem faced by the residents in the said locality. He approached this Court by filing W.P.C.No.20060/2010 which resulted in Ext.P3 judgment. As per the judgment dated 12/07/2010, a Division Bench of this Court directed the petitioner to approach the High Level Committee which had been constituted for the purpose of hearing such complaints and the petitioner was permitted to submit a representation and the matter was directed to be disposed after hearing the petitioner. It was further directed that if the work is in progress, the same need not be stalled on account of any pending representation. Ext.P4 is the order passed by the Committee. The Committee had come to the following findings:

(3.) THE petitioner submitted Ext.P6 to the Minister for Public Works Department requesting for construction of Killippalam - Attakkulangara - Eanchakkal bypass road for which land was already acquired. Ext.P7 is the reply by which Project Engineer has informed the petitioner that the road from Attakkulangara to Eanchakkal is proposed to be constructed on BOT basis on a contract of 15 years and once the said road is completed, the traffic problems will be settled.