Kerala High Court
Suman Chakravarthy vs The Union Of India
Author: P.B.Suresh Kumar
Bench: Thottathil B.Radhakrishnan, P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN
&
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 1ST DAY OF SEPTEMBER 2014/10TH BHADRA, 1936
WP(C).No. 28670 of 2013 (S)
----------------------------
PETITIONERS:
--------------
1. SUMAN CHAKRAVARTHY,
ADVOCATE, "SREEPADAM", ORIENT PARK
POPULAR ROAD, VADUTHALA, KOCHI
PIN-682023.
2. KUNHIKRISHNAN.P.V.,
ADVOCATE, PULLERI, GG 701
GREEN GARDEN, VADUTHALA, KOCHI
PIN-682023.
3. JOY GEORGE,
ADVCOCATGE, 45/532, BEHIND LORDES HOSPITAL
COREY ROAD, KOCHI, PIN-682023.
4. BABU S NAIR,
ADVOCATE, "MADHU SREE", PJ ANTONY GROUND ROAD
PACHALAM, KOCHI, PIN-682012.
5. NAGARAJ NARAYANAN,
ADVOCATE, NO.25, JM APARTMENTS
PALLIKAVU TEMPLE ROAD, VADUTHALA, KOCHI
PIN-682023.
6. S RAJEEV,
ADVOCATE, FLAT NO.15B, DD SILVER STONE
VADUTHALA, ERNAKULAM DISTRICT, PIN-682023.
7. HARIDAS.P.,
VARIKKAMANKAL SHRTEEMERU, PADOM ROAD, VADUTHALA
KOCHI, PIN-682023.
8. SUDHISH.R.,
ADVOCATE, FLAT NO.63, JM GARDENS
PALLIKKAVU TEMPLE ROAD, VADUTHALA, KOCHI
PIN-682023.
9. ANTONY C ETTUKETTIL,
ADVOCATE, VILLA NO.36, SKYLINE CRYSTAL WATERS
VADUTHALA.P.O., KOCHI, PIN-682023.
WP(C).No. 28670 of 2013 (S) 2
10. M.R.RAJESH,
ADVOCATE, A-2, VB TERRACE
SRM, KOCHI, PIN-682012.
BY ADVS.SRI.K.V.SOHAN
SMT.SREEJA SOHAN.K.
SRI.GEORGE JOSEPH PULIMOOTTIL
SRI.ROVIN RODRIGUES
RESPONDENTS:
----------------
1. THE UNION OF INDIA,
REP. BY ITS SECRETARY, MINISTRY OF URBAN DEVELOPMENT
NEW DELHI, PIN-110 001.
2. THE STATE OF KERALA,
REPRESETED BY THE CHIEF SECRETARY, GOVT. SECRETARIAT
THIRUVANANTHAPURAM, PIN-695 001.
3. THE DIST COLLECTOR,
COLLECTORATE, CIVIL STATION, KAKKANAD
ERNAKULAM, PIN-682 030.
4. THE DIVISIONAL RAILWAY MANAGER,
SOUTHERN RAILWAY, CHENNAI.
5. THE ASST COMMISSIONER OF POLICE (TRAFFIC),
KOCHI CITY, PIN-682031.
6. THE CORPORATION OF COCHIN,
REPRESENTED BY ITS SECRETARY, COCHIN, PIN-682011.
7. THE PROJECT MANAGER,
KERALA SUSTAINABLE URBAN DEVELOPMENT PROJECT
(KSUDP)(JNNURM) PROJET-IMPLEMENTATION UNIT
CORPORATION OF COCHIN, ERNAKULAM, PIN-682 011.
8. THE ROADS AND BRIDGES DEVELOPMENT CORPORATION
KERALA [RBDCK], REPRESENTED BY ITS MANAGING DIRECTOR
M.V.ROAD, PALARIVATTOM, COCHIN
PIN-682015.
9. GOSHREE ISLANDS DEVELOPMENT AUTHORITY [GIDA],
9TH FLOOR, REVENUE TOWER, PARK AVENUE
KOCHI, PIN-682 011.
10. THE TOWN PLANNING OFFICER,
CORPORATION OF KOCHI, KOCHI, PIN-682011.
11. THE KERALA ROAD FUND BOARD,
REPRESENTED BY ITS CHIEF EXECUTIVE, TC 4/1654
MAYOORAM BELHAVEEN GARDENS, KOWDIAR P.O.
THIRUVANANTHAPURAM, PIN-695003.
WP(C).No. 28670 of 2013 (S) 3
12. THE KERALA STATE TRANSPORT PROJECT,
REPRESENTED BY PROJECT OFFICER, PIN-695 003.
13. THE KERALA INDUSTRIAL AND TECHNICAL CONSULTANCY-
ORGANIZATION,
[KITCO] LIMITED
REPRESENTEDF BY ITS MANAGING DIRECTOR, FEMITH'S
PB NO.4407, PUTHIYA ROAD, NH BYPASS
VENNALA, COCHIN, PIN-682 028.
14. THE CHIEF BRIDGES ENGINEER,
SOUTHERN RAILWAY, EGMORE, CHENNAI-8.
15. THE SPECIAL TAHSILDAR
LAND ACQUISITION, COCHIN CORPORATION, VYTTILA
ERNAKUKLAM, PIN-682019.
16. THE COCHIN PORT TRUST,
REPRESENTED BY ITS CHAIRMAN, WILLINGTON ISLAND
ERNAKULAM, PIN-682003.
*ADDLR17 THE DELHI METRO RAIL CORPORATION (DMRC)
REPRESENTED BY ITS "PROJECT DIRECTOR, EAST BLOCK,
SOUTH RAILWAY STATION, ERNAKULAM - 682 016.
*ADDL.R18 THE KERALA METRO RAIL LIMITED (KMRL)
REPRESENTED BY ITS MANAGING DIRECTOR,
8TH FLOOR, REVENUE TOWER, PARK AVENUE,
MARINE DRIVE, ERNAKULAM - 682 011.
*ADDL.RESPONDENT NOS. 17 AND 18 ARE IMPLEADED VIDE ORDER DATED
2.4.2014 IN IA NO.4390/2014.
R6 BY ADV. SRI.BABU KARUKAPADATH,SC,COCHIN CORPORA
R1 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA
R2 & R3 SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR
R4, BY ADV. SRI.C.S.DIAS,SC, RAILWAYS
R8 BY ADV. SRI.M.VIJAYA KUMAR, SC, RBDCK
R17,R 16 BY ADV. SRI.K.ANAND (SR.)
R17,R 16 BY ADV. SMT.LATHA KRISHNAN
R13 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
R13 BY ADV. SRI.P.GOPINATH
R13 BY ADV. SRI.P.BENNY THOMAS
R13 BY ADV. SRI.K.JOHN MATHAI
R13 BY ADV. SRI.JOSON MANAVALAN
R13 BY ADV. SRI.KURYAN THOMAS
R11 BY ADV. SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD
R11 BY SRI.K.JAJU BABU,SC,KERALA ROAD FUND BOA
R6 BY SRI.P.K.SOYUZ,SC,COCHIN CORPORATION
SRI.BABU KARUKAPADATH SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-09-
2014, ALONG WITH WPC. 12422/2014 & WPC NO.7860/2011, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 28670 of 2013 (S)
----------------------------
APPENDIX
PETITIONERS' EXHIBITS
------------------------------
P1: COPY OF THE REPORT IN THE HINDU ONLINE EDITION DT.09.07.2002.
P2: COPY OF THE REPORT PUBLISHED IN THE INDIAN EXPRESS WEBSITE
DATED 9.11.2009.
P3: COPY OF THE MINUTES OF 72ND CSMC HELD ON 24.04.2009.
P4: COPY OF THE LETTER DATED 7.12.2009 BY THE RAILWAYS.
P5: COPY OF THE REPLY OF RESPONDENT NO.7, DATED 28.1.2010.
P6: COPY OF THE REPLY OF RESPONDENT NO.7, DATED 30.3.2010.
P7: COPY OF THE FURTHER REPLY DATED 09.02.2010.
P8: COPY OF THE REPLY FROM DY CHIEF ENGINEER CONSTRUCTIONS DATED
28.3.2011.
P9: COPY OF THE LETTER DATED 07.03.2011 FROM THE INFORMATION
OFFICER, ROADS AND BRIDGES DEVELOPMENT CORPORATION KERALA
(RBDCK).
P10: COPY OF THE LETTER FROM THE PUBLIC INFORMATION OFFICER, GIDA
DATED 26.07.2011.
P11: COPY OF THE REPLY SENT BY RESPONDENT NO.3, DATED 06.08.2011.
P12: COPY OF THE GOVERNMENT ORDER DATED 3.7.2010.
P13: COPY OF THE REPLY FROM THE OFFICE OF RESPONDENT NO.15,
DT.8.11.2012.
P14: COPY OF THE REPLY FROM THE COCHIN CORPORATION DATED
18.12.2012.
P15: COPY OF THE REPLY FROM THE COCHIN CORPORATION DATED 7.1.2013.
P16: COPY OF THE JUDGMENT DATED 12.07.2005 IN O.P.NO.34029/2001.
P17: COPY OF THE NEWS PUBLISHED IN MALAYALA MANORAMA ON
16.11.2013.
RESPONDENT(S)' EXHIBITS
-------------------------------
R8(A):TRUE COPY OF THE LETTER NO.RBDC/ROB/PACHALAM/2006/1155 DATED
01.11.2006.
R8(B):TRUE COPY OF LETTER NO.RBDCK/ROB/PACHALAM/718 DATED
28.08.2008.
WP(C).No. 28670 of 2013 (S)
R8(C):TRUE COPY OF THE LETTER DATED 21.5.2010.
R8(D):TRUE COPY OF THE LETTER NO.RBDC/T51/121 DATED 13.08.2010
R8(E): TRUE COPY OF MINUTES OF THE MEETING DATED 14.11.2011.
R8(F):TRUE COPY OF LETTER NO.RBDC/T51/2013 SENT TO COCHIN
CORPORATION DATED 29.11.2011.
R8(G): TRUE COPY OF THE LETTER NO.RBDC/T51/376 DATED 16.02.2011.
R6(A): A TRUE COPY OF THE GENERAL ALIGNMENT DRAWING ALONG WITH THE
LETTER DATED 02.01.2014 SENT BY DMRC TO THE COCHIN
CORPORATION.
R6(B): A TRUE COPY OF THE GO(MS) NO.23/2014/TRANS DATED 05.03.2014.
R17(A): TRUE COPY OF RELEVANT PAGE OF REPORT, SUBMITTED BY THE CHIEF
ADMINISTRATIVE OFFICER, SOUTHERN RAILWAY.
R17(B): TRUE COPY OF THE PACHALAM ROB GAD APPROVED BY THE STATE AND
RAILWAY AUTHORITIES.
R17(D); TRUE COPY OF APPROVAL FOR THE GAD DATED 19.3.2014.
R17(E): TRUE COPY OF POLICY DECISION NO.2008/CE-IV/BRO(1) DATED
21.12.2011.
R4(1): TRUE COPY OF THE LETTER DATED 5.03.2014 ISSUED BY THE
GOVERNMENT OF KERALA
/TRUE COPY/
P.A. TO JUDGE
THOTTATHIL B. RADHAKRISHNAN &
P.B.SURESH KUMAR, JJ.
= = = = = = = = = = = = = = = = = = = = = =
W.P.(C) Nos.28670 of 2013, 7860 and 12422 of 2014
= = = = = = = = = = = = = = = = = = = = = =
Dated this the 1st day of September, 2014
JUDGMENT
Thottathil B.Radhakrishnan, J.
Heard.
2. W.P.(C).No.28670 of 2013 is instituted alleging that there is inordinate delay in erecting a Railway Over Bridge (ROB) in lieu of the Railway Level Cross at Pachalam in Ernakulam. It is not in dispute that it is a highly crowded area and traffic through that way is so heavy that the operation of a level cross at that point is a cumbersome bottle neck to the public at large. Pending that writ petition, the official respondents were required to place on record any alignment in proposal. Thereupon, they converged on a proposal to provide an ROB which would ensure movement of traffic to clear the traffic load from other areas including Banerji Road and the National Highway which are now facing snail's pace traffic congestion owing to the ongoing work of the Metro Rail. W.P.(C) Nos.28670 of 2013, 7860 and 12422 of 2014 2
3. Pending the aforenoted writ petition, W.P.(C) No.7860 of 2014 was filed by an individual saying that the awarding of the contract and the drawing up of alignment are shrouded in suspicion. He pleads that he is the son of a person who has a small piece of land or a building which is likely to be affected by the work and there cannot be any deprivation of property otherwise than through the due process of law. That original petition is instituted as a Public Interest Litigation. If we are to take it that he is also putting up a plea to save the property that stood earlier in the name of his father, we are afraid that a Public Interest Litigation cannot be entertained at his instance. That writ petition also does not demonstrate that he is trying to push forward any public interest action on behalf of any marginalised sector of the society. Be that as it may, we will bear in mind the plea that there cannot be any action de hors the requirements of law.
W.P.(C) Nos.28670 of 2013, 7860 and 12422 of 2014 3
4. W.P.(C) No.12422 of 2014 was thereafter filed by the President of Erattakulangara Bhagavathi Devaswom pleading that the Erattakulangara Bhagavathi temple at Pachalam is an ancient one and its deity faces towards north. It is averred that the proposed ROB lands on the end towards Vaduthala somewhere in front of the temple on its eastern side and therefore there is a likelihood of eastern gopurams of that temple being required to be closed down permanently.
5. The project in hand is to put up an ROB for immediate use. This is to facilitate transit of traffic through an area which is highly congested and a level cross gate is to be replaced by an ROB at the earliest. The ROB, as now proposed, is to be carried forward by the Kochi Metro Railway Limited and the Delhi Metro Rail Corporation Ltd. It has an estimated cost of 52.70 crores, so far as it relates to the ROB as now planned. The said expenditure has to be met in equal share by the State Government and the Southern Railways.
W.P.(C) Nos.28670 of 2013, 7860 and 12422 of 2014 4
6. With the aforesaid, we have looked into the alignment sketch, which had been provided by the Delhi Metro Rail Corporation Limited for the Kochi Metro Rail project. The proposed ROB at Pachalam junction is envisaged in such a way that the ROB takes off from a point where Mathai Manjooran Road and Chitoor Road converge; from there it goes more or less over the road alignment as it now stands; flies over the railway track and again proceeds more or less to the existing road alignment and ends on a landing towards Vaduthala end of Chittoor Road at a point where there is also a branching-off road to Edappally. The said proposal shows that the major part of the land that would be put to use for that purpose, beyond the railway track towards the Vadulatha side, goes through lands already available in public domain. Work in that area has progressed, going by submissions of all concerned. In so far as the area between Kacheripady and the railway track is concerned, the proposal will also touch private lands.
W.P.(C) Nos.28670 of 2013, 7860 and 12422 of 2014 5
7. The larger public interest as noted aforesaid clearly demonstrates that there is absolutely no public interest issue for us to interfere with the proposal though we may say that the plea made on behalf of the temple; on being pointedly considered in the light of the alignment sketch, would show that no portion of the temple or temple's gopuram on the eastern side will be touched or affected, calling for their removal, as a result of the proposed ROB. It has necessarily to be ensured by the State Government, the Corporation and those in charge of the work that there will be proper space available for ingress and egress into the temple. We do not see from the drawings that there will be any requirement in public interest to keep the gopuram closed. We make this observation notwithstanding the plea of the petitioner that the temple is one where the deity faces the east while the gopuram complained of is on the eastern side of the temple. This is an issue which, if at all, needs to be looked into at the ground level. That could be managed by the officers concerned. It does not by itself warrant a stoppage of the construction of the ROB in public interest. W.P.(C) Nos.28670 of 2013, 7860 and 12422 of 2014 6
8. Having noted the aforesaid, we record the submissions by the learned Senior Government Pleader on behalf of the State of Kerala that effective discussions are going on for negotiated culmination of the requirement of land and the said issue is gaining attention at the highest level and would be concluded at the earliest.
9. We are told by the learned counsel appearing for the Delhi Metro Rail Corporation Ltd. and Kochi Metro Rail Limited that if there is no obstruction, work can be completed within a further period of six months. We record this submission and direct that the State Government shall provide adequate measure of support, by all means, and shall ensure that the work is completed within the time limit now noted in this judgment.
In the result, W.P.(C) Nos.7860/14 and 12422/14 are dismissed subject to whatever we have stated above, touching W.P.(C) Nos.28670 of 2013, 7860 and 12422 of 2014 7 the alignment and WP(C) No. 28670/13 is ordered in terms of the aforesaid directions and what we have recorded above.
Thottathil B. Radhakrishnan, Judge P.B. Suresh Kumar, Judge sj