Disposed

Vijaya Bank v. National Highways Authority of India

Kerala HC3 Jan 2024WP(C)/13743/2015

Case brief

AI extract

What is this about?

A bank challenged the Municipality's construction of a bus shelter blocking access to its Angamaly branch and ATM. The Court directed the Municipality to take a fresh decision on the shelter's location after notice to the bank and NHAI within four months, with the interim order continuing meanwhile.

What did the court decide?

Municipality directed to take a decision on the bus shelter after notice to petitioner and NHAI within four months; interim order to continue till final decision.

Vijaya Bank Vs National Highways Authority of India — Municipal and Town Planning | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 3^RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945

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WP(C) NO. 13743 OF 2015

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PETITIONER:

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VIJAYA BANK ANGAMALY BRANCH, MENACHERY PLAZA, NEAR KSRTC BUS STAND, ANGAMALY, KERALA - 683 572, REPRESENTED BY ITS BRANCH. BY ADVS. SRI.NAGARAJ NARAYANAN SRI.BENOJ C AUGUSTIN SMT.J.KASTHURI SRI.SAIJO HASSAN SRI.R.S.SARAT SRI.SEBIN THOMAS SRI.VISHNU BHUVANENDRAN

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RESPONDENTS:

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1 NATIONAL HIGHWAYS AUTHORITY OF INDIA (MINISTRY OF ROAD TRANSPORT AND HIGHWAYS), OFFICE OF THE PROJECT DIRECTOR, NO.9/1187, ARUMUGHAN COLONY, CHANDRANAGAR, PALAKKAD, KERALA - 678 007, REPRESENTED BY ITS PROJECT DIRECTOR. 2 ANGAMALY MUNICIPALIY ANGAMALY, ANGAMALY P.O., KOCHI - 683 572, REPRESENTED BY ITS CHAIRMAN. 3 THE CIRCLE INSPECTOR OF POLICE ANGAMALY - 683 572. 4 THE SUPERINTENDENT OF POLICE ALWAYE - 682 011. 5 STATE OF KERALA REPRESENTED BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 6 THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, ANGAMALY - 683 572. 7 THE REGIONAL TRANSPORT OFFICER

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WP(C) NO. 13743 OF 2015

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ANGAMALY. BY ADVS. E.C.KURIAKOSE SRI.V.M.KURIAN, SC, ANGAMALY MUNICIPALITY SRI. P.P.THAJUDEEN, SC, ANGAMALY MUNICIPALITY THOMAS ANTONY SRI.RIYAL DEVASSY, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 13743 OF 2015

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P.V.KUNHIKRISHNAN, J.

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-----------------------------W.P.(C)No. 13743 of 2015

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---------------------------------------------Dated this the 03^rd day of January, 2024

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JUDGMENT

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The above writ petition is filed with the following

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prayers:

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“(i) issue a writ of mandamus or other appropriate writ, order or direction, directing 2^nd respondent to shift the bus shelter now being constructed in front of the ATM counter and branch office of the petitioner bank at Angamaly to be shifted to the safer and moved appropriate place

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(ii) issue a writ of mandamus or other appropriate writ, order or direction, directing the 1^st respondent to take immediate action to remove the constructions made by the 2^nd respondent for the bus shelter in front of the ATM counter and branch office of the petitioner bank at Angamaly.

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(iii) Declare that the present construction of bus shelter by the 2^nd respondent in front of the ATM

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WP(C) NO. 13743 OF 2015

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counter and branch office of the petitioner bank at Angamaly is unreasonable, unfair, arbitrary and illegal.

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AND

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(iv) issue such other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”SIC]

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The petitioner is a public sector Bank as well as a Government of India undertaking governed by the provisions of the Reserve Bank of India Act. The petitioner filed this writ petition aggrieved by the action of the 2^nd respondent Municipality in putting up an unauthorized construction of a bus shelter in front of the Branch Office of the petitioner bank at Angamaly in such a manner as to obstruct the ingress and egress into the bank premises at Angamaly. It is the case of the petitioner that the 2^nd respondent Municipality started the construction of the bus shelter on 04.05.2015 in front of the ATM of the petitioner bank at Angamaly so

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WP(C) NO. 13743 OF 2015

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as to partially block the vehicular entry into the bank premises. According to the petitioner, the construction undertaken by the 2^nd respondent Municipality is without obtaining permission from the 1^st respondent and is in violation of Section 24 of the Control of National Highways (Land and Traffic) Act 2002. It is also submitted that the 1^st respondent is bound to take action under Section 26 of the above Act to remove the same. It is submitted that the previous permission of the Regional Transport Officer has not been obtained for shifting the bus shelter to the front of the bank and it is illegal as it violates Rule 5 of the Kerala Panchayat Raj Act (Landing Place, Halting Place, Cart Stands and Other Vehicle Stands) Rules 1995. Hence this Writ Petition is filed.

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Heard the learned counsel appearing for the petitioner, the learned Standing Counsel appearing for

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WP(C) NO. 13743 OF 2015

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the 2^nd respondent and the learned Government Pleader.

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When this Writ petition came up for consideration on 08.05.2015, this Court passed the following order:

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“Admit.

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Learned Standing Counsel takes notice for R1 & R2. Learned Govt.Pleader takes notice for R3 to R7. There shall be an interim order as prayed for, for a period of one month.”

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The above interim order was extended until further

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orders on 04.06.2015. Even now the above interim order is in force. After going through the pleadings and also going through the counter filed by the 1^st respondent, I am of the considered opinion that the 2^nd respondent Municipality has to reconsider the matter regarding the construction of bus shelter. Till a decision is taken by the 2^nd respondent, the interim order already passed can be retained. Therefore, this Writ petition is

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WP(C) NO. 13743 OF 2015

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disposed of in the following manner:

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i. The 2^nd respondent Municipality is directed to take a decision regarding the construction of the bus shelter in the proposed place after giving notice to the petitioner and the 1^st respondent, as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a stamped certified copy of this judgment.

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ii. The interim order dated 08.05.2015 which is extended until further orders on 04.06.2015 will continue till a final decision is taken by the 2^nd respondent.

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Sd/-

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P.V.KUNHIKRISHNAN JUDGE

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WP(C) NO. 13743 OF 2015

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APPENDIX OF WP(C) 13743/2015

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PETITIONER EXHIBITS

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EXHIBIT P1. TRUE COPY OF THE REPRESENTATION DATED 07.03.2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT MUNICIPALITY WITH A COPY TO THE 1ST RESPONDENT NATIONAL HIGHWAY AUTHORITY.

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EXHIBIT P2. TRUE COPY OF THE LETTER DATED 11.04.2015 ISSUED BY THE 1ST RESPONDENT.

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EXHIBIT P3. TRUE PHOTOGRAPHS OF THE CONSTRUCTION OF THE BUS SHELTER SO FAR EFFECTED BY THE 2ND RESPONDENT.

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EXHIBIT P4. TRUE COPY OF THE REPRESENTATION DATED 04.05.2015 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

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RESPONDENTS EXHIBITS : NIL

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//TRUE COPY//

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PA TO JUDGE

Vijaya Bank v. National Highways Authority of India

Case brief

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Vijaya Bank v. National Highways Authority of India

Case brief

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