Kerala High Court
Saju Scaria vs National Highway Authority Munnar on 8 December, 2023
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945
RP NO. 1226 OF 2023
AGAINST THE ORDER/JUDGMENT WP(C) 5529/2023 OF HIGH COURT OF
KERALA
REVIEW PETITIONER/:
SAJU SCARIA
AGED 71 YEARS
S/O. SCARIA, MYALILPUTHENPURAYIL HOUSE,
PULINTHANAM KARA, ENANALLOOR VILLAGE, MUVATTUPUZHA
TALUK, ERNAKULAM DISTRICT, PIN - 686673
BY ADV PAUL K.VARGHESE
RESPONDENTS:
1 NATIONAL HIGHWAY AUTHORITY MUNNAR
REPRESENTED BY ITS PROJECT DIRECTOR, HAS AN OFFICE
AT THE OFFICE OF THE ASSISTANT ENGINEER, PUBLIC
WORKS DEPARTMENT, N.H. SECTION, MUNNAR, PIN -
685602
2 THE DISTRICT COLLECTOR
IDUKKI DISTRICT, KUYILIMALA, IDUKKI, PIN - 685603
3 THE ASSISTANT ENGINEER
NATIONAL HIGHWAY AUTHORITY MUNNAR, PUBLIC WORKS
DEPARTMENT, N.H. SECTION, MUNNAR, PIN - 685602
4 THE EXECUTIVE ENGINEER
N.H. DIVISION, MUVATTUPUZHA, ERNAKULAM DISTRICT,
PIN - 686661
5 THE PROJECT DIRECTOR
PROJECT IMPLEADING UNIT, NATIONAL HIGHWAYS
AUTHORITY OF INDIA, COCHIN, PIN - 682030
BY ADV SRI.LEJO JOSEPH GEORGE, STANDING COUNSEL
SMT. DEEPA V. - GP
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 08.12.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
R.P No. 1226 of 2023
2
MURALI PURUSHOTHAMAN, J.
---------------------------------------------
R.P No. 1226 of 2023
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Dated this the 8th day of December, 2023
ORDER
This Review Petition arises out of Judgment of this Court dated 16.10.2023 in W.P.(c) No. 5529 of 2023.
It is submitted by the learned counsel for the petitioner as well as the learned standing counsel for the National Highway Authority of India that, the executing authority in respect of the subject road is the 4th respondent, Executive Engineer, N.H. Division, Muvattupuzha, Ernakulam District. Therefore, the provisions of Section 28 of the Control of National Highways (Land & Traffic) Act, 2002 will not apply. I am convinced that there is an error apparent on the face of record in the judgment sought to be reviewed. Accordingly, Review Petition is allowed. The judgment R.P No. 1226 of 2023 3 dated 16.10.2023 is recalled. W.P.(c) No. 5529 of 2023 is restored to the file.
Sd/-
MURALI PURUSHOTHAMAN
bnu JUDGE
R.P No. 1226 of 2023
4
APPENDIX
PETITIONER'S ANNEXURES
Annexure 1 TRUE COPY OF THE FORM FOR A LICENSE FOR
ACCESS TO THE HIGHWAY.