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Kerala High Court

The Malayala Manorama Co. Pvt Ltd vs Union Of India on 24 December, 2024

                                                                     2024:KER:97776

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                   THE HONOURABLE MR. JUSTICE EASWARAN S.

         TUESDAY, THE 24TH DAY OF DECEMBER 2024 / 3RD POUSHA, 1946

                           WP(C) NO. 46119 OF 2024


PETITIONERS:

     1      THE MALAYALA MANORAMA CO. PVT LTD
            K.K ROAD, KOTTAYAM, REPRESENTED BY ITS SENIOR GENERAL
            MANAGER, JOE VARKEY, PIN - 686001

     2      MM TV LIMITED
            NH BYPASS ROAD, AROOR P.O., ALAPPUZHA -
            REPRESENTED BY ITS DEPUTY MANAGER (P & A) SHRI. ROSHITH K.T,
            PIN - 688534
            BY ADV MILLU DANDAPANI


RESPONDENTS:

     1      UNION OF INDIA
            MINISTRY OF ROAD TRANSPORT & HIGHWAYS TRANSPORT BHAWAN 1,
            PARLIAMENT STREET NEW DELHI, PIN - 110001

     2      THE NATIONAL HIGHWAY AUTHORITY OF INDIA
            OFF: G5 & 6, SECTOR 10, DWARAKA P.O., NEW DELHI-,
            REPRESENTED BY ITS CHAIRMAN, PIN - 110075

     3      NATIONAL HIGHWAYS AUTHORITY OF INDIA
            NO 35/192, EAST BTSRRA-125, BTS ROAD , EDAPPALLY KOCHI
            REPRESENTED BY ITS PROJECT DIRECTOR, PIN - 682024

     4      M/S ASHOKA BUILDCON LIMITED
            NEAR JIO PETROL BUNK, KUTHIATHODE, THURAVOOR POST CHERTHALA
            TALUK, ALAPPUZHA REPRESENTED BY ITS CHAIRMAN, PIN - 688532

     5      SAMARA CONSULTANTS & DEVELOPERS
            1ST FLOOR, KONDAPILLIL BUILDING NEAR CIVIL STATION KAKKANAD
            COCHIN KERALA, PIN - 682030
            DSGI-SRI T C KRISHNA

     THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
24.12.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                      2024:KER:97776

W.P.(C.) No. 46119 of 2024
                                         2

                               EASWARAN S., J.
                      ----------------------------------------
                        W.P.(C.) No.46119 of 2024
           -------------------------------------------------------------
             Dated this the 24th day of December, 2024


                                  JUDGMENT

The writ petition is filed by the petitioners questioning the proceedings initiated by the respondents with the development of the existing 4 lane road of National Highway (NH66) from Aroor to Thuravoor Thekku section, chainage 366.361 to 366.550. The main grievance of the writ petitioners is that, due to the constructions of a ramp in connection with the development of the 4 lane road, the ingress and egress of the petitioners' company is obstructed.

2. Today, when the matter is taken up for consideration, Sri.T.C. Krishna, the learned counsel in charge of the Deputy Solicitor General of India, placed before the Court a joint inspection report dated 21.12.2024 conducted by the Site Engineer of National Highway Authority of India along with EPC contractor and also the 2024:KER:97776 W.P.(C.) No. 46119 of 2024 3 Manager of the Malayala Manorama.

3. From the report it is seen that certain suggestions regarding the proposed entrance to the Malayala Manorama TV Limited was made during the discussion. The suggestions explained by the contractor in the presence of the Authority Engineer and also the authorized representatives of the Malayala Manorama company was accepted. The respondents undertake to carryout the work of the widening of the National Highway (NH66) 4 lane road, based on the suggestions put forwarded in the aforementioned report. The copy of the joint inspection report dated 21.12.2024 is placed on record.

This court is of the considered view that, based on the report, the grievance of the petitioners stands redressed. Accordingly, the writ petition is closed.

Sd/-

EASWARAN S. JUDGE SK 2024:KER:97776 W.P.(C.) No. 46119 of 2024 4 APPENDIX OF WP(C) 46119/2024 PETITIONER EXHIBITS :

Exhibit P1 THE TRUE COPY OF THE PHOTOGRAPH EVIDENCING THE COMPANY BUILDINGS NEAR TO THE NH-66 DATED NIL Exhibit P2 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER COMPANY BEFORE THE DIRECTOR OF 3RD RESPONDENT DATED 24.01.2023 Exhibit P3 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER COMPANY BEFORE THE DIRECTOR OF 3RD RESPONDENT DATED 1.06.2023 Exhibit P4 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE DIRECTOR OF THE 3RD RESPONDENT DATED 25.09.2023 Exhibit P5 A TRUE COPY OF THIS REPRESENTATION DATED 15.03.2024 , SUBMITTED TO THE PROJECT DIRECTOR OF THE 3RD RESPONDENT BY THE 1ST PETITIONER COMPANY Exhibit P6 A TRUE COPY OF THIS REPRESENTATION SUBMITTED BY THE PETITIONER TO THE PROJECT DIRECTOR OF THE 3RD RESPONDENT, ALONG WITH THE PROPOSAL DATED 17.05.2024