The Kerala High Court closed the writ petition seeking directions regarding the alignment of a proposed rail overbridge at Parappanangadi, holding that the matter no longer required adjudication due to a subsequent government decision to acquire land and commence construction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON
TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932
WP(C).No. 21860 of 2008(S) --------------------------------
PETITIONER:
PARAPPANANGADI JANA SAMITHI, REGISTER NO.186/07, PARAPPANANGADI, MALAPPURAM DISTRICT, REPRESENTED BY ITS PRESIDENT.
BY ADV. SRI.G.SHRIKUMAR SRI.SREEJITH S.NAIR
RESPONDENTS:
W.P.(C) No.21860 of 2008
ADDL.9. T.GOPALAKRISHNAN, AGED 75 YEARS, S/O.P.KESHAVAN NAIR, PRESIDENT, KALIKAVU-TEMPLE PUTHENPEEDIKA ROAD AND RAILWAY UNDERBRIDGE DEVELOPMENT COMMITTEE, NEDUVA POST, PARAPPANANGADI, MALAPPURAM DISTRICT. (ADDL.R9 IS IMPLEADED AS PER ORDER DATED 28.8.2009 IN IA 9065/2009 IN WP(C) 21860/08)
ADDL.10. CPI (M) LOCAL COMMITTEE, PARAPPANANGADI, REPRESENTED BY ITS SECRETARY, K.K.JAYACHANDRAN. (ADDL.R10 IS IMPLEADED AS PER ORDER DATED 28.8.2009 IN IA 10104/09 IN WP(C) NO.21860/08)
R1,R2 & R7 BY SR.GOVT.PLEADER SRI.BENNY GERVASIS R4 TO R6 BY ADV. SRI.N.B.SUNIL NATH,SC, RAILWAYS R3 BY ADV.SRI.M.VIJAYAKUMAR
SRI.K.P.SUDHEER FOR ADDL.R9 SRI.T.P.RAMACHANDRAN (THACHETH) FOR ADDL.R9 SRI.K.A.JALEEL FOR R8 SRI.C.Y.VINOD KUMAR FOR R8 SRI.SANTHEEP ANKARATH FOR ADDL.R10 SMT.P.JAYALAKSHMI FOR ADDL.R10
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J.Chelameswar, C.J. & P.R.Ramachandra Menon, J.
W.P.(C) No. 21860 of 2008
Dated this the 23rd day of November, 2010
JUDGMENT
J.Chelameswar, C.J.
This writ petition is filed with the prayers as follows:
“i) issue a writ in the nature of mandamus or other appropriate writ, order or direction, commanding the respondents to reconsider the present alignnent of the proposed rail overbridge at Parappanangadi and not to commence the construction of the rail overbridge as per the present plan and scheme;
ii) issue any other writ, order or direction, directing respondents Railways' to proceed with and complete the construction of the under bridge at the earliest.”
prayers in the alternative and not cumulative. In view of the
subsequent decision of the Government to acquire the land and start construction of over-bridge which is already recorded in W.P.(C)
WP(C) No.21860 of 2008
No.17241 of 2008, in our opinion nothing survives for
adjudication in this writ petition.
The writ petition is accordingly closed.
J.Chelameswar, Chief Justice
P.R.Ramachandra Menon,
Judge
vns
2 provisions across 2 enactments
Parappanangadi Jana Samithi
The District Collector, Malappuram
The Special Tahsildar
The Roads and Bridges Corporation
The Divisional Railway Manager (Works), Palakkad
The General Manager, Southern Railway, Chennai
J.Chelameswar
P.R.Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
