Kerala High Court
Guruvayoor Infrastructure Pvt.Ltd vs National Highways Authority Of India on 27 March, 2006
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
MONDAY, THE 16TH DAY OF JULY 2012/25TH ASHADHA 1934
WP(C).No. 14492 of 2012 (J)
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PETITIONER(S):
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GURUVAYOOR INFRASTRUCTURE PVT.LTD.,
PRESENTLY HAVING ITS REGISTERED OFFICE AT DOOR NO. 1-
80/40/SP/58-65
SHILPA HOMES LAYOUT, GACHI BOWLI, HYDERABAD - 500 032
REPRESENTED BY ITS AUTHORISED SIGNATORY
SREEKUMAR M.V., S/O. LATE K.E.NAIR
AGED 65, RESIDING AT 178-GIRINAGAR, KADAVANTHARA
ERNAKULAM - 682 020.
BY ADVS.SRI.P.MARTIN JOSE
SRI.P.PRIJITH
SRI.ANEESH JAMES
RESPONDENT(S):
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1. NATIONAL HIGHWAYS AUTHORITY OF INDIA
G. 5 & 6, SECTION-10, DWARAKA
NEW DELHI - 110 075.
2. THE PROJECT DIRECTOR
NHA1, PALAKKAD.
3. THE STATE OF KERALA
REPRESENTED BY SECRETARY
P.W.D. GOVERNMENT SECRETARIAT, TRIVANDRUM.
4. THE DISTRICT COLLECTOR
CIVIL STATION, THRISSUR.
5. THE INSPECTOR GENERAL OF POLICE
THRISSUR RANGE, THRISSUR.
6. THE SUPERINTENDENT OF POLICE
THRISSUR RURAL, THRISSUR.
BY ADV. SRI.THOMAS ANTONY
BY GOVERNMENT PLEADER SRI. C.S.MANILAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 14492 of 2012 (J)
APPENDIX
PETITIONER'S EXHIBITS
EXHIBIT P1: COPY OF RELEVANT PORTION OF CHAPTER II OF THE AGREEMENT
DATED 27-03-2006.
EXHIBIT P2: COPY OF G.O.(MS)NO.92/07/PWD DATED 22-11-07.
EXHIBIT P3: COPY OF STATE SUPPORT AGREEMENT DATED 14-12-07 EXECUTED
BETWEEN PETITIONER AND RESPONDENTS 1 AND 3.
EXHIBIT P4: COPY OF GAZETTE OF INDIA DATED 20-06-2011.
EXHIBIT P5: COPY OF PROCEEDINGS DATED 23-08-2011 OF 1ST RESPONDENT.
EXHIBIT P6: COPY OF SKETCH SHOWING THE TOLL PLAZA AND PORTION OF THE
PROJECT HIGHWAY.
EXHIBIT P7: COPY OF LETTER DATED 26-4-2012 ISSUED BY the 3RD
RESPONDENT TO THE 4TH RESPONDENT.
EXHIBIT P8: COPY OF LETTER DATED 27-04-2012 ISSUED BY THE 4TH
RESPONDENT TO THE 5TH RESPONDENT.
EXHIBIT P9: COPY OF PHOTOGRAPHS.
RESPONDENTS' EXHIBITS : NIL
/TRUE COPY/
P. A. TO JUDGE
T.R.RAMACHANDRAN NAIR, J.
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W.P.(C)No.14492 Of 2012
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DATED THIS THE 16th DAY OF JULY, 2012
JUDGMENT
The petitioner herein is the tenderer for collecting toll in the National Highway-47 near Paliakkara. This Writ Petition is filed by the petitioner seeking for a direction to respondents 1 to 6 to close down the entry of old National Highway which intersects at protect Highway near Manali Bridge shown green in Exhibit P6 sketch within a time limit.
2. Heard the learned Senior Counsel for the petitioner, the learned Standing Counsel for respondents 1 and 2 and the learned Senior Government Pleader appearing for other respondents.
3. A statement has been filed on behalf of the 3rd respondent, indicating the steps taken in the matter. In paragraph No.5 it is averred that based on the decision dated 18.4.2012, steps were taken by the District Collector and Inspector General of Police. A report was submitted by the Project Director, National Highway Authorities, which shows that W.P.(C)No.14492 /12 -2- a height barrier of 2.4 metres have been erected on 23.6.2012 for barring heavy vehicles entering into the old National Highway parallel to the Toll Plaza and it is only a partial prevention of heavy vehicles only. Action is also being taken to close the U- turn near Toll Plaza to prevent small vehicles less than 2.4 metres height using the old road. Necessary steps will be taken by the District Collector, after consulting with the Project Director, National Highway Authority of India, to permanently close the intersecting portion of the old Highway so as to effectively implement the provisions of the State Support Agreement. It is also mentioned that there is substantial increase in the toll collection due to erection of temporary barriers on 23.6.2012. Recording the same, the Writ Petition is disposed of. Further actions will be completed within a period of three weeks from the date of production of a copy of this judgment.
The Writ Petition is disposed of as above.
Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn