IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 WP(C).No. 21860 of 2008(S) -------------------------------- PETITIONER: --------------- PARAPPANANGADI JANA SAMITHI, REGISTER NO.186/07, PARAPPANANGADI, MALAPPURAM DISTRICT, REPRESENTED BY ITS PRESIDENT. BY ADV. SRI.G.SHRIKUMAR SRI.SREEJITH S.NAIR RESPONDENTS: ----------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE SPECIAL TAHSILDAR, OFFICE OF THE SPECIAL TAHSILDAR (LA)(G), THIRUR. 3. THE ROADS AND BRIDGES CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, OFFICE OF THE ROADS AND BRIDGES CORPORATION, ERNAKULAM. 4. THE DIVISIONAL RAILWAY MANAGER (WORKS), PALAKKAD. 5. THE GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI. 6. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF RAILWAYS, NEW DELHI. 7. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 8. THE PARAPPANANGADI GRAMA PANCHAYAT, PARAPPANANGADI, REPRESENTED BY ITS SECRETARY. W.P.(C) No.21860 of 2008 - 2 - ADDL.9. T.GOPALAKRISHNAN, AGED 75 YEARS, S/O.P.KESHAVAN NAIR, PRESIDENT, KALIKAVU-TEMPLE PUTHENPEEDIKA ROAD AND RAILWAY UNDERBRIDGE DEVELOPMENT COMMITTEE, NEDUVA POST, PARAPPANANGADI, MALAPPURAM DISTRICT. (ADDL.R9 IS IMPLEADED AS PER ORDER DATED 28.8.2009 IN IA 9065/2009 IN WP(C) 21860/08) ADDL.10. CPI (M) LOCAL COMMITTEE, PARAPPANANGADI, REPRESENTED BY ITS SECRETARY, K.K.JAYACHANDRAN. (ADDL.R10 IS IMPLEADED AS PER ORDER DATED 28.8.2009 IN IA 10104/09 IN WP(C) NO.21860/08) R1,R2 & R7 BY SR.GOVT.PLEADER SRI.BENNY GERVASIS R4 TO R6 BY ADV. SRI.N.B.SUNIL NATH,SC, RAILWAYS R3 BY ADV.SRI.M.VIJAYAKUMAR SRI.K.P.SUDHEER FOR ADDL.R9 SRI.T.P.RAMACHANDRAN (THACHETH) FOR ADDL.R9 SRI.K.A.JALEEL FOR R8 SRI.C.Y.VINOD KUMAR FOR R8 SRI.SANTHEEP ANKARATH FOR ADDL.R10 SMT.P.JAYALAKSHMI FOR ADDL.R10 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. ------------------------------------------ W.P.(C) No. 21860 of 2008 ------------------------------------------ Dated this the 23rd day of November, 2010 JUDGMENT J.Chelameswar, C.J. This writ petition is filed with the prayers as follows: “i) issue a writ in the nature of mandamus or other appropriate writ, order or direction, commanding the respondents to reconsider the present alignnent of the proposed rail overbridge at Parappanangadi and not to commence the construction of the rail overbridge as per the present plan and scheme; ii) issue any other writ, order or direction, directing respondents Railways' to proceed with and complete the construction of the under bridge at the earliest.” 2. The constructions referred to in prayers (i) and (ii) are prayers in the alternative and not cumulative. In view of the subsequent decision of the Government to acquire the land and start construction of over-bridge which is already recorded in W.P.(C) WP(C) No.21860 of 2008 - 2 - No.17241 of 2008, in our opinion nothing survives for adjudication in this writ petition. The writ petition is accordingly closed. J.Chelameswar, Chief Justice P.R.Ramachandra Menon, Judge vns