Kerala High Court
Kayamkulam People’S Forum For Pillar ... vs National Highway Authority Of India on 4 January, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Thursday, the 4th day of January 2024 / 14th Pousha, 1945
WP(C) NO. 32516 OF 2023(L)
PETITIONER:
KAYAMKULAM PEOPLE'S FORUM FOR PILLAR ELEVATED NH 66, MAHIMA,
VERUPALLI BHAGOM, KAYAMKULAM 690 502 REPRESENTED BY CONVENER, ABDUL
HAMEED AYIRATHU
RESPONDENTS:
1. NATIONAL HIGHWAY AUTHORITY OF INDIA, KRISHNAKRIPA, PALKULANGARA
THIRUVANANTHAPURAM, REPRESENTED BY THE REGIONAL OFFICER, PIN -
695024
2. ADDL.R2. MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN,
PARLIAMENT STREET, NEW DELHI 110 001,REPRESENTED BY SECRETARY.
(ADDL.R2 IMPLEADED AS PER ORDER DATED 10-11-2023 IN IA 1/23 IN WPC
32516/2023)
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondent not to start the elevation work in the
2.18 km stretch of NH 66 from Shahidar Mosque Junction to Texmo Junction
in Kayamkulam, till the disposal of the writ petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
04-10-2023 and upon hearing the arguments of SRI.SEBASTIAN PAUL, Advocate
for the petitioner and of M/S E.C.KURIAKOSE,LEJO JOSEPH GEORGE, STANDING
COUNSEL for R1 and of SRI. MANU.S. DEPUTY SOLICITOR GENERAL OF INDIA for
addl.R2, the court passed the following:
DEVAN RAMACHANDRAN, J.
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WP(C) Nos.32516/2023 & 39621/2023
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Dated this the 4th day of January, 2024
O R D E R
The request of the petitioners in both these cases is common, namely that a 'Fly-Over' be provided at the area in question.
Sri.Sebastian Paul and Sri.P.A.Mohammed Shah - learned counsel for petitioners, pointed out that the junction involved in these cases is a densely populated one, with commercial and educational institutions on either side; and that if a 'Fly-Over' is not properly provided, it would have the effect of dissecting the locality.
As this Court has been emphasizing in similar matters, these Writ Petitions ought not to be treated as being adversarial by the competent Authorities of the National Highway, but in public interest.
WP(C)32516/23 & 39621/23 2 Unless proper planning is implemented in projects of such scale, with an eye for future development and requirements, it would cause inconvenience, rather than convenience.
Keeping this specific intent in mind, I direct the Project Officer or such other competent Authority of the National Highway Authority of India to examine the request of the petitioners in a dispassionate manner and inform this Court if any alternative proposals or suggestions can be made, so as to alleviate the problem now projected.
Post on 08.01.2024.
H/o Sd/-
DEVAN RAMACHANDRAN, RR JUDGE 04-01-2024 /True Copy/ Assistant Registrar