IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 WP(C).No. 9531 of 2011(N) -------------------------------------- PETITIONER(S): ----------------------- CYRIL.V.A., S/O.AMBROSE (LATE), AGED 67, VALIYAPARAMBIL HOUSE, UDYOGAMANDAL P.O., PIN-683 501, ELOOR, ERNAKULAM DISTRICT. BY ADV. DR.V.N.SANKARJEE SRI.SAKIR.K.H. RESPONDENT(S): -------------------------- PROJECT DIRECTOR & GENERAL MANAGER NATIONAL HIGHWAY AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT, MANGALYA VALIYAMADAM, VYTTILA, PIN-682 019. BY ADV. SRI.THOMAS ANTONY,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.9531/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE DISCHARGE SUMMARY DATED 25/11/2010 ISSUED FROM SPECILISTS HOSPITAL. P2 COPY OF THE PHOTOGRAPHS SHOWING THE PARTIALLY CONSTRUCTED SLANTING ROAD AND EXACT CONDITION AT THE PLACE OF RESIDENCE OF THE PETITIONER. P3 COPY OF THE REPRESENTATION DATED 28/02/2011 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT THROUGH SPEED POST. P4 COPY OF THE POSTAL RECEIPT NO.E1.283093895 IN DATED 28/02/2011 ISSUED BY THE KALOOR POST OFFICE. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts ANTONY DOMINIC, J. ================ W.P.(C) NO. 9531 OF 2011 ===================== Dated this the 26th day of July, 2011 J U D G M E N T The petitioner is a resident near to the side of Vallarpadam International Container Transshipment Terminal road. In this writ petition, the prayers sought are the following:- “i) to issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to restore the 4 metre width panchayat road near the petitioner's residence to its original condition by removing the land slide accumulation of Vallarpadam International Container Transshipment Terminal Road in the panchayat road alignment. ii) to issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to construct retention wall along the side of high altitudes of the Vallarpadam International Container Transshipment Terminal Road near the petitioner's residence so as to prevent land sliding and flow of muddy water from the high altitude of the road towards panchayat road and the petitioner's residence. iii) to issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to complete the construction of slanting road from the high altitude of the Vallarpadam International Container Transshipment Terminal Road to the locality of the petitioner's residence so as to provide access to the petitioner to the Vallarpadam International Container Transshipment Terminal Road. iv) to issue a writ of mandamus or any other appropriate writ, order or direction commanding the WPC No. 9531/11 :2 : 1st respondent to consider and act upon Ext.P3 representation and to execute the work as requested therein at the earliest and within a definite time frame”. 2. These prayers are sought on the basis that on account of the work that has been undertaken by the respondents, the Panchayath road has become inaccessible and is not motorable. However, on the directions of this Court, in the statement filed on behalf of the respondents, it has been stated thus:- “3. Officers of the NHAI inspected the site and has given directions to provide drain and protect the embankment erosion. Temporary measures are taken at site so that the access to the petitioner's residence as well as access of the other inhabitants in the area is restored to a considerable extent. 4. It is submitted that on completion of the permanent work of the road construction in the area, the access road will be permanently protected from soil erosion”. 3. From the above statement, it is therefore evident that the respondents themselves have accepted the grievance pointed out by the petitioner and steps are being taken to redress the same. In that view of the matter, I record the aforesaid averments made in para 3 and 4 of the counter statement and on that basis, this writ petition is closed. ANTONY DOMINIC, JUDGE Rp