Petitioner seeking direction regarding delay in decision on application for constructing approach road to property abutting National Highway. Court directed third respondent to complete the process and dispose of application within three weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
FRIDAY, THE 01ST DAY OF NOVEMBER 2019 / 10TH KARTHIKA, 1941 WP(C).No.24591 OF 2019(Y)
PETITIONER/S:
JOSE SEBASTIAN AGED 64 YEARS S/O SEBASTIAN,KADALIKKATTIL HOUSE, EROOR.P.O,EROOR,ERNAKULAM-682306.
BY ADVS. SRI.PRAVEEN K. JOY SRI.E.S.SANEEJ SRI.M.P.UNNIKRISHNAN SMT.M.K.SAMYUKTHA SRI.N.ABHILASH SMT.M.R.ESHRATH BAI SMT.BEENA JOSEPH SMT.SREELEKHA. P DEEPU RAJAGOPAL
RESPONDENTS:
1 STATE OF KERALA REP.BY SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, TRIVANDRUM, PIN-695001.
2 MINISTRY OF ROAD TRANSPORT & HIGHWAY REP.BY ITS SECRETARY, REGIONAL OFFICE, PUBLIC OFFICE BUILDING, TRIVANDRUM-695001. 3 THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA(NHAI), OFFICE OF THE PROJECT DIRECTOR,NO.8/1187, ARUMUGHAN COLONY, CHANDRANAGAR,PALAKKAD, KERALA-678007.
WP(C).No.24591 OF 2019(Y)
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4 THE EXECUTIVE ENGINEER, NATIONAL HIGHWAY DIVISION, PALAKKAD, KERALA-678007. 5 THE ASSISTANT EXECUTIVE ENGINEER, NATIONAL HIGHWAYS AND BYPASS SUB-DIVISION,PALAKKAD,KERALA-678007. BY ADVS: SRI.E.C.KURIAKOSE, SC, NHAI SRI.VINOD B, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.24591 OF 2019(Y)
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W.P.(C) No.24591 of 2019
J U D G M E N T
Petitioner holds a property abutting a National
Highway. He preferred an application on 18.08.2019 seeking permission to construct an approach road to his property from the National Highway. The grievance of the petitioner in the writ petition concerns the delay on the part of the competent authority in taking a decision on the application for permission submitted by the petitioner. The petitioner, therefore, seeks appropriate directions in this regard, in the writ petition.
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was called upon to make available the title deed of his property as also its sketch so as to enable the third respondent to process the application. The petitioner states that in response to Ext.P7, the petitioner has submitted the documents called for.
In the light of the said subsequent development, I deem it appropriate to dispose of the writ petition directing the third respondent to complete the process and dispose of the application preferred by the petitioner finally within three weeks from the date of receipt of a copy of the judgment. Ordered accordingly.
Sd/-
P.B.SURESH KUMAR, JUDGE.
PV
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE LOCATION CERTIFICATE DATED 07.11.2016 OF THE OLLUKKAR VILLAGE OFFICE.
EXHIBIT P2 THE TRUE COPY OF THE POSSESSION AND NON ATTACHMENT CERTIFICATE DATED 06.11.2016 OF OLLUKKAR VILLAGE OFFICE. EXHIBIT P3 THE TRUE COPY OF THE LOCATION SKETCH DATED 07.11.2016 OF VILLAGE OFFICER,OLLUKKAR. EXHIBIT P4 THE TRUE COPY OF THE APPLICATION BEFORE 3RD RESPONDENT DATED 09.07.2019. EXHIBIT P5 THE TRUE COPY OF THE REPRESENTATION BEFORE THE 2ND AND 3RD RESPONDENT DATED 18.08.2019. EXHIBIT P6 TRUE COPY OF THE LETTER ISSUED BY GOVERNMENT OF INDIA DATED 17.06.2019 TO THE REGIONAL OFFICE NHAI, THIRUVANANTHAPURAM.
EXHIBIT P7 THE TRUE COPY OF THE LETTER ISSUED BY NATIONAL HIGHWAY AUTHORITY TO THE PETITIONER DATED 23.09.2019.
RESPONDENTS' EXHIBITS: NIL
\TRUE COPY//
PA TO JUDGE
PV
1 issue framed by the court
Whether the competent authority's delay in disposing of an application for constructing an approach road on a National Highway warrants court intervention.
1 provisions across 1 enactments
JOSE SEBASTIAN
STATE OF KERALA
MINISTRY OF ROAD TRANSPORT & HIGHWAY
THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA(NHAI)
P.B.SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
