W.P. challenging alleged illegal construction of Transit Sky Passage between Edappally Metro Station and Lulu Mall and seeking levy of consideration amount. Court found NOC granted and construction completed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 2ND DAY OF SEPTEMBER 2021 / 11TH BHADRA, 1943 WP(C) NO. 14064 OF 2018
PETITIONER/S:
THOMAS P O S/O. P.T. OUSEPH, PATHIPARAMBAN, KORATTY P.O., PIN - 680 308, NOW RESIDING AT 12B, CROWN, TRINITY, EDAPPALLY P.O.
(ADDRESS FOR NOTICES ON THE PETITIONER IS THAT OF THE COUNSELS K.I. TOGI, ADVOCATE 3RD FLOOR, NORTH PARK BUILDING, ST.VINCENT ROAD, NEAR MATHA TOURIST HOME & TOWN HALL ERNAKULAM - 682 018)
BY ADV SRI.K.I.TOGI
RESPONDENTS:
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(ADDRESS FOR NOTICES AND PROCESS ON THE RESPONDENTS MAY BE SERVED IN THE ABOVE ADDRESS)
BY ADVS.
SRI.N.MANOJ KUMAR, STATE ATTORNEY(R1, 3, 4, 7 & 8) SRI.M.K.ABOOBACKER,SC KALAMASSERY MUNCIPALITY (R5) SMT.M.U.VIJAYALAKSHMI, SC, KOCHI METRO RAIL LTD-R9 SRI. P. VIJAYAKUMAR ASSISTANT SOLICITOR GENERAL-R2
SRI. E.D. GEORGE -R6 SRI. M. GOPIKRISHNAN NAMBIAR-R10 SRI.C.N.PRABHAKARAN JOSON MANAVALAN KURYAN THOMAS PAULOSE C. ABRAHAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
Dated this the 2nd day of September, 2021
S. Manikumar, CJ.
Petitioner has sought for a mandamus directing respondents 1 to 9 to stop the alleged illegal construction of Transit Sky Passage constructed by the 10th respondent. He has also sought for a writ of mandamus directing respondent No.9 to levy appropriate amount proportionate to the project cost of 9th respondent as consideration amount from the 10th respondent.
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respondent continues the work and that the work is now almost in the final stage without appropriate permission from the concerned departments. The petitioner made representations to the concerned Departments of State Government and the Central Government as per Exhibit P5, but no action has been taken so far from any of the Departments. Hence this Writ Petition.
"5. It is submitted that the seamless transport and seamless accessibility are the key to the success of any Mass Rapid Transport System (MRTS) project. It is a usual practice in the developed countries and in the South East Asia to connect various buildings to the Metro stations directly through skywalk. Across all metros around the world, especially in Singapore, Hong Kong and Bangkok, high priority has been given to such accessibility. Seamless connectivity is one of the key Components that can augment footfalls on the Metro rail system and augment farebox collection.
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License fee calculation was arrived based on the policy followed at Indian Railways.
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borne by the 10th respondent, and KMRL is not incurring any cost on the same."
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Government vide letter No.IRI/32/2018-WRD TVM dated 22.5.2018, has already granted NOC for construction of Sky Bridge between Edappally Metro Station and Lulu Shopping Mall. That apart, construction has been completed and for the reasons stated above, prayers sought for cannot be granted. Accordingly writ petition is dismissed.
Sd/S. Manikumar, Chief Justice
Sd/Shaji P. Chaly, Judge
sou.
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APPENDIX OF WP(C) 14064/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF PHOTOGRAPH OF TRANSIT SKY PASSAGE.
EXHIBIT P2 TRUE COPY OF STOP MEMO ISSUED BY THE 7TH RESPONDENT THROUGH 8TH RESPONDENT.
EXHIBIT P3 TRUE COPY OF REPLY LETTER DATED 02.03.18 ISSUED BY 9TH RESPONDENT TO THE PETITIONER IN RTI ACT APPLICATION.
EXHIBIT P4 TRUE COPY OF THE REPLY LETTER DATED 02.04.18 ISSUED BY THE 9TH RESPONDENT TO THE PETITIONER ON RTI ACT APPLICATION.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATIONS SENT TO 2ND RESPONDENT WITH POSTAL RECEIPTS.
RESPONDENTS' EXHIBITS
EXHIBIT R9(a) COPY OF THE LETTER BEARING No.S21301/17 DATED 24.05.2018 ISSUED FROM THE OFFICE OF THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, ERNAKULAM.
3 issues framed by the court
Whether the court should issue a writ of mandamus to stop the construction of the Transit Sky Passage and direct the payment of consideration.
Whether the construction of the Transit Sky Passage was legal and permitted under the relevant regulations.
Whether the petitioner was the appropriate person to implead the individual company chairman instead of the company for construction disputes.
Thomas P O
Chief Secretary, Government of Kerala
Principal Secretary, Ministry of Surface Transport, New Delhi
Principal Secretary, Revenue Department, Government of Kerala
Principal Secretary, Local Self Government Dept.
Secretary, Municipality, Kalamassery
S.Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
