Petitioner challenged an order rejecting her objection to a road alignment change. The Court held that acquisition proceeded per the original alignment, finding no ground for the petition, and dismissed it.
The writ petition was dismissed with no costs awarded.
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 HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 15TH DAY OF NOVEMBER 2017/24TH KARTHIKA, 1939
WP(C).No. 23742 of 2016 (P)
PETITIONER :
S. SUREKHA
W/O.R. PRASAD, AGED 48 YEARS, SUDARSHANA, CHOMBALA P.O., VADAKARA KOZHIKODE-673308.
BY ADV. SRI.T.G.RAJENDRAN
RESPONDENTS :
1. STATE OF KERALA REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2.
3.
4.
5. THE PROJECT DIRECTOR NATIONAL HIGHWAY AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT, NO.2/2175-B, KRISHNA KRIPA, ISWARYA ROAD, CIVIL STATION P.O., KOZHIKODE-673001.
WP(C).No. 23742 of 2016 (P)
6. UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, DEPARTMENT OF ROAD TRANSPORT AND HIGHWAYS, NEWDELHI-1100011.
R1 TO R4 BY GOVERNMENT PLEADER SMT.VINEETHA HARIAJ R5 BY ADV. SMT.I.SHEELA DEVI BY SRI.THOMAS ANTONY R6 BY SRI.HARIDAS P. NAIR, CGC BY SRI.N.NAGARESH, ASG OF INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
bp
WP(C).No. 23742 of 2016 (P)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS :
EXT.R5(b): COPY OF THE COMMUNICATION DT 27/8/2015.
EXT.R5(c): COPY OF THE MINUTES OF THE MEETING HELD ON 9/10/2015.
//TRUE COPY//
P.S. TO JUDGE
bp
K. Vinod Chandran, J
---------------------------------------W.P.(C).No.23742 of 2016-P
Dated this the 15th day of November, 2017
JUDGMENT
The petitioner is aggrieved with Exhibit P8 order passed by the 3rd respondent. The petitioner submits that the alignment of the road, for widening the National Highway between Kannur and Kuttippuram, was changed without notice to the petitioner.
WP(C) No.23742 of 2016
and the acquisition has been made of the properties as per the original alignment itself. In such circumstances, nothing survives in
the writ petition and the same is dismissed. No costs.
Sd/- K.Vinod Chandran Judge.
vku/-
[ true copy ]
2 issues framed by the court
Whether the petitioner has any cause of action to challenge the order refusing her objection to the road alignment.
Whether the writ petition survives given the finding that acquisition was made according to the original alignment.
S. Surekha
State of Kerala
Union of India
K Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
