In a writ petition regarding obstruction of right of way, the High Court ordered the petitioner to file a representation with the 2nd respondent (NHAI) for an inspection and decision, maintaining status quo until acted upon.
Petitioner to file representation before 2nd respondent within 2 weeks; status quo maintained pending order on representation.
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 ALEXANDER THOMAS
FRIDAY, THE 21ST DAY OF DECEMBER 2018 / 30TH AGRAHAYANA, 1940
WP(C).No. 42209 of 2018
PETITIONER/S:
BESTIN
S/O. LATE JOY, EDATTUKKARAN HOUSE, KURIACHIRA, THRISSUR - 680 006
BY ADV. SRI.DILIP J. AKKARA
RESPONDENT/S:
1 UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF SURFACE TRANSPORTS, NEW DELHI 110 001.
2 NATIONAL HIGHWAY AUTHORITY OF INDIA REPRESENTED BY PROJECT MANAGER, PROJECT IMPLEMENTATION UNIT, NO. 8/11 AND 7 ARUMUGHAM COLONY, CHANDRA NAGAR, PALAKKAD - 678 007.
3 GURVAYUR INFRASTRUCTURE (P) LTD., REPRESENTED BY PROJECT MANAGER, CHITTASSERY P.O., PALLIEKKARA TOLL, THRISSUR-680 301.
OTHER PRESENT:
SRI.P.VIJAYAKUMAR, SCGC FOR R1, SRI.THOMAS ANTONY, SC, NHAI FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ALEXANDER THOMAS, J.
W.P.(C)No.42209 of 2018
Dated this the 21st day of December, 2018
J U D G M E N T
The prayers in the above Writ Petition (Civil) are as follows.
“
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W.P.(C).No.42209/2018
W.P.(C).No.42209/2018
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before the competent authority among the respondents 1 & 2 more particularly respondent No.2. Hence without getting into the merits of the controversy in any manner it is ordered that the petitioner may file suitable representation/petition before the 2nd respondent urging necessary aspects for redressal of his grievances projected in this Writ Petition and such petition may be filed by the petitioner before the 2nd respondent within 2 weeks from the date notified for receiving a certified copy of this judgment. If such a representation is filed, the 2nd respondent will make a site inspection so as to apprise themselves about the ground realities and thereafter a reasonable opportunity of being heard to the petitioner may be granted and the 2nd respondent will then pass orders on that representation without much delay preferably within a period of 6 weeks from the date of production of a certified copy of this judgment. Solely for the purpose of preservation of subject matter of the case it is ordered in the interest of justice that status quo as on today as regards the access from the National Highway to the petitioner's property will be
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W.P.(C).No.42209/2018
maintained until orders are passed by the 2nd respondent on the abovesaid representation/petition as afore directed. However it is made clear that in case the petitioner has not filed the abovesaid representation/petition before the 2nd respondent within the abovesaid stipulated time limit of 2 weeks, then the benefit of the direction in the matter of preservation of status quo will stand automatically vacated without any further orders from this Court.
With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE
MMG
W.P.(C).No.42209/2018
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 PHOTOCOPY OF DEATH CERTIFICATE OF LATE JOY DATED 28-12-2012 ISSUED BY REGISTRAR OF BIRTHS AND DEATHS.
EXHIBIT P2 PHOTOCOPY OF FAMILY MEMBERSHIP CERTIFICATE OF LATE JOY DATED 26-032012 ISSUED BY VILLAGE OFFICER CHIYYARAM. EXHIBIT P3 PHOTOCOPY OF DOCUMENT NO.1761/1996 OF NELLAI SRO DATED 28-03-1996 EXECUTED BY UNNI S/O.SANKARADI AND OTHERS IN FAVOUR OF LATE JOY. EXHIBIT P4 PHOTOCOPY OF DOCUMENT NO.4076/01 OF NELLAI SRO DATED 25-09-01 EXECUTED BY JOSE IN FAVOUR OF LATE JOY. EXHIBIT P5 PHOTOCOPY OF SURVEY SKETCH OF NENMANIKKARA VILLAGE SYS.435 TO 475: EXHIBIT P6 PHOTOS SHOWING REFRESHMENT STALL BY NAME OF HIGHWAY NEST (MINI) ELECTRIC HIGH MAST AND AMBULANCE PARKING SLOT ALONG PETITIONER'S EASTERN BOUNDARY. EXHIBIT P7 PHOTOS SHOWING PETITIONER'S EXISTING PATH INTO HIS PROPERTY AND THE PITS DUG CLOSING IT OFF.
EXHIBIT P8 PHOTOS OF VACANT LAND ADJOINING THE NH USED AS WASTE DUMP.
1 issue framed by the court
Whether the petitioner should approach the competent authority for redressal of grievances regarding obstruction of right of way.
BESTIN
UNION OF INDIA
NATIONAL HIGHWAY AUTHORITY OF INDIA
GURVAYUR INFRASTRUCTURE (P) LTD.
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
