This writ appeal, filed by a resort owner aggrieved by the High Court's decision to decline access from National Highway 47, was dismissed. The bench held that the appellant failed to demonstrate that the existing access was unsatisfactory or that guidelines were violated.
The writ appeal is dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.MOHAN M.SHANTANAGOUDAR &
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
FRIDAY, THE 23RD DAY OF SEPTEMBER 2016/1ST ASWINA, 1938
WA. NO. 1711/2016 IN WP(C). NO.4200/2015
[FROM THE JUDGMENT IN WP(C) NO.4200/2015 OF HIGH COURT OF KERALA DATED 28-07-2015.]
APPELLANT(S)/PETITIONER :
M/S WALAYAR RESORTS PVT. LTD.,
WALAYAR, HAVING ITS ADMINISTRATIVE OFFICE AT SOORYA TOWER, KUNNATHOORMEDU, PALAKKAD, REPRESENTED BY ITS MANAGING DIRECTOR, N.MANI,
AGED 50 YEARS, S/O. VELUSAMY GOUDER.
BY ADVS.SRI.BABU KARUKAPADATH
SRI.MITHUN BABY JOHN SRI.K.A.NOUSHAD SRI.J.RAMKUMAR SMT.M.A.VAHEEDA BABU SRI.P.U.VINOD KUMAR
RESPONDENT(S)/RESPONDENTS :
BY ADV.SRI.THOMAS ANTONY
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23-09-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KRJ
MOHAN M.SHANTANAGOUDAR, CJ & ANTONY DOMINIC, J
W.A. No.1711 of 2016
JUDGMENT
Antony Dominic, J
The petitioner in W.P(C) No.4200 of 2015 has filed this appeal aggrieved by the judgment of the learned Single Judge, whereby the learned Single Judge has declined the prayer in the writ petition for a direction requiring the respondents to provide atleast an access from either side of National Highway 47 to the service road on its northern side at Walayar, near to the four star hotel of the appellant, M/s.Soorya Swagath. There was an alternative prayer to direct consideration of Ext.P4, which was also declined.
WA.1711/16
-:2:-
support of this plea, what is pressed into service is Ext.P3 guidelines for access to the properties on the side of National Highway.
the learned counsel for the appellant, we are not satisfied that the relief claimed in the writ petition finds any support in the terms of Ext.P3. Insofar as the contention that Ext.P3 has been violated and access have been provided to others and that on that basis, the appellant should also be allowed access to the service road is concerned, we find that the access that are made available at the place in question, have been satisfactory explained by the National Highway Authority of India in its counter affidavit, which fact has been taken note of by the learned Single Judge, as is evident from paragraph 2 of the impugned judgment itself.
In such circumstances, we are not persuaded to think that the judgment of the learned Single Judge suffers from any illegality or interference. Hence, the writ appeal stands dismissed.
Sd/-
Mohan M. Shantanagoudar, Chief Justice
Sd/Antony Dominic, Judge
krj.23/9/16
1 issue framed by the court
Whether the impugned order declining the prayer for direction to provide access from National Highway 47 should be set aside.
M/S WALAYAR RESORTS PVT. LTD.
THE CHIEF GENERAL MANAGER, REGIONAL OFFICE, NATIONAL HIGHWAY AUTHORITY OF INDIA, CHENNAI
THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI), PALAKKAD
MOHAN M.SHANTANAGOUDAR
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
