Single judge order directing NHAI officials to consider an application regarding median road openings for heavy vehicle entry within six weeks without adjudicating on merits.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON
WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933
WP(C).No. 14700 of 2011(J) --------------------------
PETITIONER
M/S.FALCON INFRASTRUCTURES LTD P.B.NO.4030,PUTHIYA ROAD, UDYOGAMANDAL P.O. KOCHI-683501,REP.BY ITS MANAGING DIRECTOR N.A.MUHAMMED KUTTY
BY ADV. SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH SRI.V.R.REKESH
RESPONDENTS:
88,MOUNT ROAD, GUNDI, CHENNAI, 600032
WP(C).No. 14700 of 2011(J)
ELOOR POLICE STATION, ERNAKULAM DIST\
R1 BY SRI.N.M.JAMES, ADDL.CGSC
R2 TO R4 BY ADV. SRI.THOMAS ANTONY
BYGOVERNMENT PLEADER ADV. SMT. RAJASREE.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 14700 of 2011(J)
APPENDIX
PETITIONER'S EXHIBITS:
| EXT.P1 | : | TRUE COPY OF THE COMMUNICATION DATED 27.03.2009 ADDRESSED TO THE 4TH RESPONDENT. |
|---|---|---|
| EXT.P2 | : | TRUE COPY OF THE COMMUNICATION BEARING NO. FIL/PROJECT/1207/09 D ATED 8.01.2010 |
| EXT.P3 | : | TRUE COPY OF THE COMMUNICATION BEARING NO. NHAI/TECH/VPV/KV/2010/66 DATED 11.06.2010. |
| EXT.P4 | : | TRUE COPY OF THE REPRESENTATION DATED 5.4.2011 SUBMITTED BEFORE the 4TH RESPONDENT. |
| EXT.P5 | : | TRUE COPY OF THE REPRESENTATION DATED 5.4.2011 SUBMITTED BEFORE THE 5TH RESPONDENT. |
| EXT.P6 | : | TRUE COPY OF THE SKETCH PREPARED BY THE PETITIONER SHOWING THE OPENINGS AS REQUIRED BY THE PETITIONER |
/TRUE COPY/
P.S. TO JUDGE.
P.R. RAMACHANDRA MENON, J.
W.P.(C) No. 14700 OF 2011
Dated this the 29th June , 2011
J U D G M E N T
The petitioner has approached this court with the following
prayers:
“ i) issue a writ of mandamus or any other appropriate writ or order, directing the respondents to provide two permanent openings at 0+630 km and 0+710 km at the median in ICTT Vallarpadom Road, (NH 47C) so as to have the facility for ingress and aggress directly for heavy vehicles including the trailers carrying 40ft containers coming to the CFS conducted by the petitioner, without taking any 'U' turn,
ii) issue a writ of mandamus or any other appropriate writ or order directing the respondents 1 to 4 to take decision on Ext.P2, after affording the petitioner an opportunity of being heard, within a time frame which this Honurable Court may deem fit,
iii) pass such other orders which this Honourable Court may deem fit in the facts and circumstances of the case. ”
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W.P.(C) No. 14700 OF 2011
grievance projected by the petitioner is genuine, in so far as the midway opening in the median at the spot was subsequently closed down by the N.H. authorities without any regard to the actual facts and circumstances, whereby heavy vehicles including heavy trailers proceeding along the road, will now have to take a 'u' turn after much strenuous exercise, causing much hardship so as to have an entry to the premises of the petitioner, resulting in traffic block. It is stated that the petitioner's activity is very much connected with the Vallarpadom Container Transshipment Terminal and the main purpose of the highway recently constructed and put to use, is to augment the activities of the Terminal. The learned Counsel for the petitioner submits that the grievance of the petitioner has already been projected by filing Ext.P2 application before the 4th respondent, who considered the same and on satisfying the genuineness of the complaint, has forwarded it for further steps to the third respondent, along with Ext.P3 recommendation. The learned Counsel further submits
that the petitioner will be satisfied if a direction is given to the third respondent to consider Ext. P2, in the light of Ext. P3 and
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pass appropriate orders within a reasonable time.
this Court, it is not necessary to go into the merits of the case, but for directing the third respondent to consider Ext. P2 and pass appropriate orders in the light of Ext.P3 and other relevant materials, in accordance with law, which shall be done as expeditiously as possible at any rate within 'six weeks' from the date of receipt of a copy of the judgment. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the third respondent for further steps.
The writ petition is disposed of.
P.R. RAMACHANDRA MENON, JUDGE.
lk
2 issues framed by the court
Whether the Court should direct the third respondent to consider the petitioner's application under Ext. P2 and pass orders within six weeks.
Whether the grievance regarding the closure of median opening causing hardship to heavy vehicle entry requires merits adjudication in this writ petition.
M/s. Falcon Infrastructures Ltd.
Union of India
National Highway Authority of India
Chief General Manager (Tech)
Deputy General Manager & Project Director
District Collector
P.R. Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
