Disposed

Abdul Nasir C.I v. the Project Director

Kerala HC10 Oct 2022WP(C)/31851/2022

Case brief

AI extract

What is this about?

In PIL concerning traffic congestion at Nainmarmoola junction on NH-66, petitioners sought direction to install traffic signals. Court confined relief to direction for respondent to consider pending representation and pass orders within six weeks.

What did the court decide?

Direction to respondent to consider and pass orders on representation dated 03.09.2022 regarding traffic signal installation within six weeks; petition disposed.

Abdul Nasir C.I Vs the Project Director — Constitutional and Fundamental Rights | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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MONDAY, THE 10TH DAY OF OCTOBER 2022 / 18TH ASWINA, 1944

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WP(C) NO. 31851 OF 2022

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PETITIONERS:

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1ABDUL NASIR C.I
AGED 49 YEARS, S/O IQBAL, NASEEMA MANZIL,
CHALAKUNNU, VIDYANAGAR.P.O, KASARAGOD-671 123.

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2L.A.MAHAMMOOD,
AGED 71 YEARS, S/O.LATE ABDULLA HAJI,
NAINMARMOOLA, P.O.VIDYANAGAR,
KASARAGOD DISTRICT-671 123.

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3NAMSHAD.K.M,
S/O LATE K.S.MUHAMMED, MAK ASAD ROAD,
NAINMARMOOLA, P.O.VIDYANGAR,
KASARAGOD DISTRICT, PIN-671 123.

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BY ADVS.
PUSHPARAJAN KODOTH
K.JAYESH MOHANKUMAR
VANDANA MENON
VIMAL VIJAY

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RESPONDENT:

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THE PROJECT DIRECTOR,
NATIONAL HIGHWAY AUTHORITY OF INDIA, PROJECT-
IMPLEMENTATION UNIT, BUILDING NO-46/3460,
'ZAHIRA', NEAR DINESH AUDITORIUM, KANNUR-670 002.

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SRI. MATHEWS K PHILIP FOR NHAI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.31851 of 2022

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JUDGMENT

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Dated this the 10^th day of October, 2022

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S.Manikumar, C.J.

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Instant public interest litigation is filed seeking for the

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following reliefs:

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“i) issue a writ of mandamus or any other appropriate order or direction, directing the respondent to install traffic signals and lights on the National Highway-66 at Nainmarmoola Junction for the smooth flow of the vehicles through the junction;

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ii) issue a writ of mandamus or any other appropriate order or direction, directing the respondent to consider and pass orders on Exhibit P2 representation forthwith.”

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Short facts leading to the filing of the writ petition

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are as under:

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The respondent herein is a statutory authority to regulate and control the plying of the vehicles on the Highway for the proper management thereof. The proposed National Highway-66 passes through Nainmarmoola junction. The work on the National Highway-66 at Nainmarmoola is progressing.

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The Alampady Road and Perumbala Road at Nainmarmoola

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W.P.(C)No.31851 of 2022

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Junction touches the National Highway-66. Once the National Highway-66 work is completed, the Nainmarmoola junction will be congested due to vehicles and there is every possibility of accidents. As large number of vehicles are plying, it is not possible to cross National Highway-66 from these roads without any traffic signals and lights. It is also not possible to install traffic signals and lights at Nainmarmoola junction if the construction work of the National Highway-66 is completed. The respondent is bound to install traffic signals and lights at Nainmarmoola junction, if it is found that the Nainmarmoola junction is congested and there is every possibility of causing accidents and the general public will be affected. Though the petitioners and others already approached the respondent herein requesting for installation of traffic signals and lights at Nainmarmoola junction by filing Exhibit P2 representation, so far, the respondent has not passed any orders on Exhibit P2 representation.

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Though the petitioners have sought for a larger relief, directing the respondent to install traffic signals and lights on

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W.P.(C)No.31851 of 2022

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the National Highway-66 at Nainmarmoola Junction for the smooth flow of the vehicles through the junction, Mr.Pushparajan Kodoth, learned counsel for the petitioners submitted that the petitioners confined their relief only to the extent of considering Exhibit P2 representation and passing appropriate orders.

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Exhibit P2 representation dated 03.09.2022 addressed to the Project Director, National Highways Authority of India,

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Kannur, is reproduced:

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“From

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Abdul Nasir C.I S/O Iqbal Naseema Manzil Chalakunnu, Vidyanagar (PO) Kasaragod-671 123.

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Project Director National Highway Authority of India Project-Implementation unit Building no 46/3460,"ZAHIRA" Near Dinesh Auditorium Kannur-670 002.

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Respected Sir/Madam

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Sub: Requisition for the installation of "TRAFFIC SIGNAL" at Nainmarmoola junction along the NH66 from Kasaragod town to Cherkala.

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W.P.(C)No.31851 of 2022

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This is to inform you that the work of 45.00 meter wide "National Highway" is in progress from Thalapady to Cherkala at a fast pace. This widening work is passing through "Nainmarmoola" which is just 5.50 km from Kasaragod town. We the resident of Nainmarmoola would kindly request you to note the following points.

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(1) "Nainmarmoola" Junction is a point intersecting 4 roads ie apart from NH66 to Cherkala, there are 2 other roads, Alampady road towards left of the junction and Perumbala road towards right side (as shown in the sketch).

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Both the above mentioned roads are PWD roads, Alampady road is directing towards Badiadka, Perla and Manglore too whereas Perumbala road is directing towards Kanhagad through state highway via Paravanadukam and Deli and it can be connected to NH66 through Chatanchal.

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(2) "Nainmarmoola" Junction is second most commercial junction after kasaragod town. There are Hospitals, Shopping complex, Restaurants, Educational Institutions, Indoor Stadium, Mosque located on either side of the proposed widening road.

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(3) This junction has been always facing traffic blockage due to vehicles from both sides taking diversion on both sides. Though the traffic police are deployed the woes of commuters is worsening day by day.

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(4) To overcome all these woes we the Resident/Public kindly request you to install a "Traffic Signal" on all 4 points (As shown in sketch), Since widening of road is moving at rapid speed and then in future, there would be problem in laying necessary cable conduits.

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Kindly request you to consider this in utmost priority and thus help us to ease traffic movements.

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The following few have endorsed this petition for your kind perusal.

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Kasaragod 03.09.2022

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Thanking You”

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W.P.(C)No.31851 of 2022

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Mr.Mathews K. Philip, learned standing counsel for

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the respondent has no objection for the representation being considered, in accordance with law.

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Placing on record the above, there shall be a direction to the Project Director, National Highways Authority of India, to consider and pass orders on Exhibit P2 representation dated 03.09.2022, if it is pending on his file, in accordance with law, within a period of six weeks from the date of receipt of a copy of this judgment. If personal hearing is required, it is left to the discretion of the respondent.

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Writ petition is disposed of as above.

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Pending interlocutory applications, if any, shall stand

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closed.

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Sd/-

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S.Manikumar Chief Justice

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Sd/-

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Shaji P.Chaly Judge

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vpv

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W.P.(C)No.31851 of 2022

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APPENDIX OF WP(C) 31851/2022

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE EYE-SKETCH SHOWING THE
PASSING OF NATIONAL HIGHWAY-66 THROUGH
NAINMARMOOLA JUNCTION FROM MANGALORE-
CHERKALA.

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Exhibit P2TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONERS AND OTHERS
TO THE RESPONDENT DATED 03.09.2022.

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Exhibit P3TRUE COPY OF POSTAL ACKNOWLEDGEMENT
ISSUED BY THE POSTAL DEPARTMENT SHOWING
THAT EXT.P2 HAS BEEN RECEIVED TO THE
RESPONDENT ON 09.09.2022.

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//true copy//

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P.A. to Judge

Abdul Nasir C.I v. the Project Director

Case brief

What is this about?

What did the court decide?

Abdul Nasir C.I v. the Project Director

Case brief

What is this about?

What did the court decide?

What the court decided

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