Kerala High Court
National Highways Authority Of India vs Sree Narasimha Parthasarathi Temple on 18 February, 2025
Author: Murali Purushothaman
Bench: Murali Purushothaman
R.P.No.26 of 2024 1
2025:KER:13431
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 18TH DAY OF FEBRUARY 2025 / 29TH MAGHA, 1946
RP NO.26 OF 2024
AGAINST THE JUDGMENT DATED 06.12.2023 IN WP(C) NO.5919
OF 2023 OF HIGH COURT OF KERALA
REVIEW PETITIONERS/RESPONDENTS 1 & 2:
1 NATIONAL HIGHWAYS AUTHORITY OF INDIA
REP. BY ITS PROJECT DIRECTOR,
PROJECT IMPLEMENTATION UNIT (PIU),
KOZHIKODE, AISWARYA ROAD, CIVIL STATION P.O,
KOZHIKODE, PIN - 673020
2 UNION OF INDIA
REPRESENTED BY ITS SECRETARY, MINISTRY OF ROAD,
TRANSPORT & HIGHWAYS, GOVERNMENT OF INDIA,
NEW DELHI, PIN - 110001
BY ADV T.C.KRISHNA
RESPONDENTS/PETITIONER & RESPONDENTS 3 TO 5:
1 SREE NARASIMHA PARTHASARATHI TEMPLE
REP. BY ITS GENERAL SECRETARY,
SREE NARASIMHA PARTHASARATHI TEMPLE COMMITTEE,
THIRUVANGOOR P.O., KOZHIKODE, PIN - 673318
2 DISTRICT COLLECTOR
CIVIL STATION, KOZHIKODE, PIN - 673020
R.P.No.26 of 2024 2
2025:KER:13431
3 SPL. DEPUTY COLLECTOR (L.A) NH & COMPETENT
AUTHORITY
CIVIL STATION, KOZHIKODE, PIN - 673020
4 SREE GURUVARANANDA TRUST
REP BY ITS SECRETARY, KOLATHUR,
TALAKOLATHOOR.P.O., ATHOLI VIA. KOZHIKODE
PIN - 673315
BY ADVS.
ARUN KRISHNA DHAN
ARJUN SREEDHAR(K/393/2008)
T.K.SANDEEP(K/1076/2003)
ALEX ABRAHAM(K/000508/2017)
HARIKRISHNAN P.B.(K/002531/2022)
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
18.02.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
R.P.No.26 of 2024 3
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O R D E R
This review petition is filed against the judgment dated 06.12.2023 in WP(C) No.5919 of 2023. The review petitioners are respondents 1 and 2 therein. The writ petition was disposed of on the basis of the averments in paragraph 5 of the affidavit in I.A.No.5 of 2023 filed by the Project Director, National Highways Authority of India [for short, 'the NHAI'].
2. In the review petition, it is averred that the NHAI has only descoped the construction of service road and has not denotified the same. It is further stated that the land for service road is required for continuous connectivity of service road and proper drainage and the said work will be taken up separately through another contract or through the existing R.P.No.26 of 2024 4 2025:KER:13431 contract once the land is made available to NHAI in accordance with NHAI Policy Guidelines.
3. The review petition has been filed for a clarification that the NHAI has only descoped the construction of the service road and has not denotified the same.
4. Heard the learned Counsel on both sides.
In the light of the averments in the review petition, the judgment dated 06.12.2023 in WP(C) No.5919 of 2023 is reviewed and modified by recording the submission of the review petitioners that the NHAI has only descoped the construction of the service road and has not denotified the same and that the work of the service road will be taken up separately through another contract or through R.P.No.26 of 2024 5 2025:KER:13431 the same contract, once the land is made available to the NHAI. The judgment dated 06.12.2023 is reviewed only to the above extent.
The review petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN JUDGE sp/18/02/2025 R.P.No.26 of 2024 6 2025:KER:13431 APPENDIX OF RP 26/2024 PETITIONER ANNEXURES ANNEXURE 1 MINUTES OF MEETING HELD ON 27.5.2024 RESPONDENT ANNEXURES ANNEXURE-R1(A) A TRUE COPY OF THE LETTER OF THE THANTRI DR.CHENNAS NAMBOOTHIRIPAD DATED NIL ANNEXURE-R1(B). A TRUE COPY OF THE RELEVANT PAGES OF THE TEMPLES OF KOZHIKODE, SPECIAL STUDIES, PUBLISHED BY DIRECTORATE OF CENSUS OPERATIONS ANNEXURE-R1(C). A TRUE COPY OF THE MINUTES OF THE MEETING DATED 27-05-202 ANNEXURE-R1 (D). A TRUE COPY OF THE SITE PHOTOGRAPH SHOWING THE CONSTRUCTION WORK AS OF 31ST JANUARY 2025