Dean Roy N Vs Union of India — Kerala HC (2025) — LawSathi Research

Dean Roy N Vs Union of India — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction issued to the 2nd respondent (Regional Officer, NHAI) to consider Ext.P2(b) representation in accordance with law and as expeditiously as possible, within 30 days from the date of production of a copy of the judgment, after affording a representative of the petitioners an opportunity of being heard.

Issue for consideration

Whether the 2nd respondent should be directed to consider and dispose of Ext.P2(b) representation submitted by the 6th petitioner expeditiously. +1 more

Court's answer

The Court directed the 2nd respondent to consider Ext.P2 representation in accordance with law and as expeditiously as possible, at any rate within 30 days from the date of production of a copy of the judgment.

Ratio / Principle

The consideration of the representation is to be conducted after affording a representative of the petitioners an opportunity of being heard.

Key takeaways

The Court expressly refrained from expressing anything on the merits of the matter while issuing the direction.obiter¶48

Detailed headnote1 paragraphs

Writ Petition (Civil) No. 12955 of 2025, decided on 04.04.2025 by C.S. Dias, J. (High Court of Kerala, Ernakulam; 2025:KER:29165): Petitioners, in-charge of educational institutions and residents'/PTA office-bearers near Koonammavu Junction, alleged that widening of NH-66 and construction of the flyover divided Koonammavu Junction into two parts, forcing children to travel approximately 850 meters through a narrow service road to reach the nearest vehicular underpass. The 6th petitioner, representing the NH 66 Action Council, had submitted Ext.P2(b) representation dated 04.02.2025 before the 2nd respondent (Regional Officer, NHAI), which remained unconsidered. Without expressing anything on the merits, the Court directed the 2nd respondent to consider and dispose of the representation in accordance with law and as expeditiously as possible, at any rate within 30 days from production of a copy of the judgment, after affording a representative of the petitioners an opportunity of being heard. Writ petition ordered accordingly.

WP(C) NO. 12955 OF 2025 1

2025:KER:29165

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE C.S.DIAS

FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947

WP(C) NO. 12955 OF 2025

PETITIONERS:

1 DEAN ROY N

AGED 53 YEARS
S/O JOHN BOSCO PRINCIPAL, ST.PHILOMINAS HIGHER
SECONDARY SCHOOL, KOONAMMAVU P.O., KERALA,
PIN - 683518

2 JAYA JOSE

AGED 55 YEARS

D/O K.V JOSE HEAD MISTRESS, ST.PHILOMINAS LP
SCHOOL, KOONAMMAVU P.O., KERALA, PIN - 683518

3MINI ALIAS
AGED 53 YEARS
D/O P.P ALIAS HEAD MISTRESS, ST.PHILOMINAS HIGH
SCHOOL, KOONAMMAVU P.O., KERALA, PIN - 683518

4VINOSH K.S
AGED 47 YEARS
S/O SARASAN K.V PTA VICE PRESIDENT,
CHAVARA DARSAN CMI PUBLIC SCHOOL KOONAMMAVU P.O.,
KERALA, PIN - 683518

5AMAL FRANCIS
AGED 64 YEARS
S/O AUGUSTINE DIRECTOR OF EVANELASHRAM,
KOONAMMAVU P.O., KERALA, PIN - 683518

6MENACHERY JOSEPH THAMPI
AGED 64 YEARS
S/O M.V JOSEPH PRESIDENT , ADIKULAM RESIDENTS
ASSOCIATION KOONAMMAVU P.O., KERALA, PIN - 683518

WP(C) NO. 12955 OF 2025 2

2025:KER:29165

7SABU THADEVUS K.J
AGED 58 YEARS
S/O JOSEPH K.O PRESIDENT , MESTHRIPADI RESIDENTS
ASSOCIATION KOONAMMAVU P.O., KERALA, PIN - 683518

BY ADVS. SRI.P.SATHISAN
SRI.SHIBU B.S
SRI.BIJU P.PAUL
SMT.AKSHARA RAJU
SMT.SWALIHA SELMI T.R.
SRI.RAHUL MANNALI

RESPONDENTS:

1 UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF ROAD TRANSPORT & HIGHWAYS, GOVERNMENT OF INDIA, CENTRAL DELHI P.O., NEW DELHI, PIN - 110001

2 REGIONAL OFFICER

NATIONAL HIGHWAYS AUTHORITY OF INDIA, REGIONAL
OFFICE – KERALA, T.C 86/1036-1, AMBILY ARCADE,
S.N.N.R.A - 9, PETTAH P.O, THIRUVANANTHAPURAM,
PIN - 695024

3PROJECT DIRECTOR
PROJECT IMPLEMENTATION UNIT-NHAI,
THIRUVANATHAPURAM, TC 36/414(5), KOYIKKAL VEEDU,
KAVU LANE, PALKULANGARA P.O., THIRUVANANTHAPURAM,
PIN - 695024

4 DIRECTOR GENERAL

(ROAD DEVELOPMENT) & SPECIAL SECRETARY, ROOM
NO.213, MINISTRY OF ROAD TRANSPORT & HIGHWAYS,
TRANSPORT BHAVAN, 1, PARLIAMENT STREET, CENTRAL
DELHI P.O., NEW DELHI , PIN - 110001

5 PROJECT DIRECTOR

NATIONAL HIGHWAYS AUTHORITY OF INDIA (HEAD OFFICE)
DWARAKA SECTOR 10, SOUTH WEST DELHI P.O.,
NEW DELHI., PIN - 110075

WP(C) NO. 12955 OF 2025 3

2025:KER:29165

6 STATE OF KERALA REPRESENTED BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM P.O., PIN - 695001

7 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY LAND ACQUISITION, NHAI, NALANDA BUILDING , NORTH PARAVUR, ERNAKULAM, KERALA, PIN - 683513

8 DISTRICT COLLECTOR ERNAKULAM, FIRST FLOOR OF CIVIL STATION, ECHAMUKU, KUNNUMPURAM, KAKKANAD, PIN - 682030

9 KOTTUVALLY GRAMA PANCHAYAT REPRESENTED THROUGH ITS SECRETARY, NEAR KOONAMMAVU MAIN JUNCTION, VALLUVALLY, TALUK NORTH PARAVUR, KOCHI, KERALA ., PIN - 683518

BY SRI DINESH, DSGI
 SRI BIDAN CHANDRAN, SC
 SMT VIDYA KURIAKOSE, GP
 BABU KARUKAPPADATH, SC

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

WP(C) NO. 12955 OF 2025 4

2025:KER:29165

JUDGMENT

Dated this the 04^th day of April, 2025

The writ petition is filed to direct the 2^nd respondent to consider and dispose of Ext.P2(b) representation submitted by the 6^th petitioner expeditiously.

The petitioners are the in-charge of the educational institutions situated in the vicinity of the Koonammavu junction. The petitioners case is that, due to the widening of the National Highway (NH-66), the Koonammavu Junction is being divided into two parts. On account of the blockage created by the construction of fly over, children have to travel approximately 850 meters through a narrow service road to reach the nearest vehicular underpass. Pointing out the above difficulties, the 6^th petitioner has submitted Ext.P2(b) representation before the 2^nd respondent on

WP(C) NO. 12955 OF 2025 5

2025:KER:29165 04.02.2025. However, the 2^nd respondent has not considered the same. The inaction on the part of the 2^nd respondent is arbitrary. Hence, the writ petition.

Heard; the learned counsel for the petitioners, the learned Central Government Counsel appearing for the respondents 1 to 5, the learned Government Pleader and the learned Standing Counsel for the 9^th respondent Panchayat.

On a consideration of the facts and the materials on record, particularly that Ext.P2(b) representation is pending consideration before the 2^nd respondent, without expressing anything on the merits of the matter, I deem it appropriate to direct the 2^nd respondent to consider and dispose of the same, in accordance with law.

In the above said circumstances, I direct the 2^nd

respondent to consider Ext.P2 representation, in accordance with law and as expeditiously as possible, at any rate, within 30 days from the date of production of a

WP(C) NO. 12955 OF 2025 6

2025:KER:29165 copy of this judgment, after affording a representative of

the petitioners an opportunity of being heard.

The writ petition is ordered accordingly.

Sd/-

C.S.DIAS, JUDGE

NAB

WP(C) NO. 12955 OF 2025 7

2025:KER:29165

APPENDIX OF WP(C) 12955/2025

PETITIONER EXHIBITS

EXHIBIT P1TRUE COPY OF THE ROUGH SKETCH SHOWING THE
LIE OF THE AREA WITH DETAILS OF THE
EDUCATIONAL INSTITUTIONS
EXHIBIT P2TRUE COPY OF REPRESENTATION SUBMITTED BY
THE NH 66 ACTION COUNCIL BEFORE THE
PROJECT DIRECTOR, NHAI, KOCHI DATED
13/11/2024
EXHIBIT P2(a)TRUE COPY OF REPRESENTATION SUBMITTED BY
THE NH 66 ACTION COUNCIL BEFORE THE
HON’BLE MINISTER FOR ROAD TRANSPORT &
HIGHWAYS, NEW DELHI DATED 12/12/2024
EXHIBIT P2(b)TRUE COPY OF REPRESENTATION SUBMITTED BY
6TH PETITIONER REPRESENTING NH 66 ACTION
COUNCIL SEEKING THE UNDER PASS IN THE
AREA BEFORE THE REGIONAL OFFICER, NHAI
(MORTH), TRIVANDRUM DATED 04/02/2025

EXHIBIT P3TRUE COPY OF THE MINUTES OF MEETING OF
KOTTUVALLY GRAMA PANCHAYAT DATED
29.10.2024

EXHIBIT P4TRUE COPY OF THE INTERIM ORDER IN W.P.
(C).NO.30891 OF 2023 DATED 18.10.2023
EXHIBIT P5TRUE COPY OF THE CIRCULAR DATED
30.01.2025 ISSUED BY MINISTRY OF ROAD
TRANSPORT & HIGHWAYS

EXHIBIT P6TRUE COPY OF THE RELEVANT EXTRACT OF
INDIAN ROADS CONGRESS 2019 (SECOND
REVISION)