IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34984 of 2009(S)
1. BHARATHEEYA SWASRAYA KUDIVELLA
... Petitioner
2. PEEDIYAKANDY ABDUL KHADER,
3. P.P.ABDUL KHADER, S/O.N.K.MOOSAN,
4. THANGALAVALAPPIL KHADEEJA,
5. PANDARAVALAPPIL SAINABA,
6. M.P.SUDHARMAN, S/O.ACHUTHAN,
7. P.NARAYANI, D/O.KUNHIRAMAN,
8. ARACKAL NABEESA, W/O.KAMAL,
Vs
1. GENERAL MANAGER, NATIONAL HIGHWAY
... Respondent
2. DISTRICT COLLECTOR, KANNUR.
For Petitioner :SMT.M.M.DEEPA
For Respondent :SRI.THOMAS ANTONY
The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice A.K.BASHEER
Dated :18/12/2009
O R D E R
S.R.Bannurmath, C.J. & A.K. Basheer, J.
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W.P.(C) No.34984 of 2009
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Dated this the 18th day of December, 2009
JUDGMENT
A.K.Basheer, J.
An organization which is stated to be engaged in
implementing a scheme to provide potable water to the residents in
and around Chelora Grama Panchayat and some of the inhabitants of
that area through which a bye-pass road is now proposed to be
constructed by the National Highway Authority, have filed this writ
petition. The primary prayer is to issue a writ in the nature of
mandamus or such other appropriate writ, order or direction to the
respondents to undertake a survey through an independent agency
with regard to the construction of the said Pappinisseri-
Thazhechovva bye-pass road on National Highway 17, taking into
account the guidelines issued by the Union Government and the
grievances highlighted by the petitioners in Ext.P2 plan within a
time frame. There is a further prayer to issue a direction to
respondent No.1 to consider Ext.P5 representation submitted by
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petitioner No.1 organization and take an appropriate decision
thereon.
2. The main grievance of the petitioners appears to be
that the alignment which is in contemplation of the respondents for
construction of the bye-pass will cause harm and damage to the
properties of the local residents, particularly to the drinking water
project established in that area. Petitioners would suggest an
alternative alignment which is much shorter according to him. The
acquisition cost will be much less and damage to property very
minimal, it is contended by them. We do not propose to deal with
the above and other contentions raised by the petitioners in the writ
petition, at this stage.
3. In our view, these are all matters which will have to
be necessarily considered by the competent authority which has the
necessary expertise in the field. In the statement filed on behalf of
respondent No.1, it is stated that the work on identification of
correct survey number and measurement of exact extent of land that
may be required for the purpose, is now in progress. Draft
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declaration to be published under Section 3A of the National
Highways Act, 1956 in respect of the lands in Edakkad,
Chembilode, Kadambur and Muzhappilangad Villages is already
sent to the Ministry concerned. The work on the stretch between
Pappinissery and Thazhechovva is in its final stage.
4. In our view, there is no justifiable reason for this
Court to interfere with the ongoing process undertaken by the
authorities. Anyhow, in view of the persuasive submission made by
the learned senior counsel, we are inclined to grant the second prayer
made in this writ petition, namely to issue a direction to respondent
No.1 to consider and take a decision on Ext.P5 representation.
5. Therefore, the writ petition is disposed of with a
direction to respondent No.1 (or any such other authority that may
be authorised by respondent No.1 in this behalf) to consider and
pass orders on Ext.P5 representation strictly on its merit and in
accordance with law as expeditiously as possible, at any rate,
within two months from the date of receipt of a copy of this
judgment. It shall be ensured by the authority concerned that an
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opportunity of hearing is afforded to an authorised representative of
petitioner No.1 organization before any decision is taken in the
matter.
Writ petition is disposed of in the above terms.
S.R.Bannurmath,
Chief Justice
A.K. Basheer,
Judge
vns