IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 20TH JANUARY 2010 / 30TH POUSHA 1931 WP(C).No. 4346 of 2008(P) ------------------------- PETITIONER(S): --------------- MURUNGOOR SREE NARASIMHAMOORTHY KSHETRA SAMRAKSHANA SAMITY, MURUNGOOR VADAKKUMURI VILLAGE MUKUNDAPURAM TALUK, THRISSUR DISTRICT, REPRESENTED BY ITS PRESIDENT SRI.T.D.KOCHUNARAYANAN, RESIDING AT THEROPPILLY HOUSE, MURINGOOR, CHALAKUDY. BY ADV. SRI.MURALI PURUSHOTHAMAN SRI.DEEPU LAL MOHAN RESPONDENT(S): --------------- 1. THE SPECIAL DEPUTY COLLECTOR SPECIAL LAND ACQUISITION OFFICER & COMPETENT AUTHORITY,NATIONAL HIGHWAY DEVELOPMENT PROJECT CHEMBUKAVU, THRISSUR -20. 2. THE DISTRICT COLLECTOR, THRISSUR COLECTORATE, AYYANTHOLE, THRISSUR-3 3. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA MINISTRY OF ROAD TRANSPORT & HIGHWAYS G-5 & 6, SECTION 10, DWARKA, NEW DELHI 110075. 4. UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT MINISTRY OF ROAD TRANSPORT & HIGHWAYS TRANSPORT BHAVAN,I SANSAD MARG, NEW DELHO 110 001 5. THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.THOMAS ANTONY, SC FOR R3 V.MANU, GOVERNMENT PLEADER FOR R1,2 & 5 ASST.SOLICITOR GENERAL FOR R3-4 SHRI.ZUBAIR PULIKKOOL, CGC FOR R3 & 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.4346/2008 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE REGISTRATION CERTIFICATE NO.371/92 ISSUED TO THE PETITIONER SOCIETY. P2 : COPY OF THE SURVEY SKETCH SHOWING THE LOCATION OF THE NARASIMHAMOORTHY TEMPLE PREPARED BY THEMUKUNDAPURAM TALUK SURVEYOR. P3 : COPY OF THE OBJECTION DATED 27/01/2005 SUBMITTED BY THE PETITIONER SOCIETY BEFORE THE 1ST RESPONDENT. P4 : COPY OF THE POSTAL COVER IN WHICH 1ST RESPONDENT HAD SENT THE NOTICE TO THE PRESIDENT OF THE PETITIONER SOCIETY. P5 : COPY OF THE AUTHORISATION LETTER ISSUED BY THE PRESIDENT OF THE PETITIONER SOCIETY TO BE SUBMITTED BEFORE THE 1ST RESPONDENT. P6 : COPY OF THE NOTICE NO.A3-665/05 DATED 08/11/2006 ISSUED BY THE 1ST RESPONDENT AND WHICH APPEARED IN THE MATHRUBHUMI DAILY IN ITS EDITION ON 19/12/2006. P7 : COPY OF THE MASS PETITION SUBMITTED BY THE DEVOTEES BEFORE THE CHAIRPERSON OF THE UPA GOVERNMENT IN THE CENTRE. P8 SERIES : COPY OF PHOTOGRAPHS SHOWING THE NATURE OF CONSTRUCTION THAT HAS BEEN CARRIED OUT IN THE NH 47 AT DIVINE JUNCTION AND THE IYE OF THE TEMPLE TAKEN FROM DIFFERENT ANGLES. P9 : COPY OF REPRESENTATION DATED 09/10/2007 SUBMITTED BY THE MURINGOOR NAIR SERVICE SOCIETY BEFORE THE 1ST RESPONDENT. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.4346 of 2008 (P) --------------------------------- Dated, this the 20th day of January, 2010 J U D G M E N T The petitioner's grievance is against the notification issued by the respondents under Section 3A of the National Highways Act, including the land occupied by Muringoor Sree Narasimhamoorthy Kshetram. According to the petitioner on publication of the notification, they filed their objections, and that without considering the objections and representations, further proceedings are being continued. 2. In paragraph 3 of the statement filed by the 1st respondent, it is stated thus :- “This stretch of land from km 270 to 332 (Mannuthy-Aluva Section) is situated in Thrissur Ernakulam District in the State of Kerala. The land mentioned in Writ Petition is included in the proposal of junction improvement at Karukutty Road Junction. The exact Sy.No. of this land of the temple is Sy.113/9 of Muringoor Vadakkummuri village which is a National Highway Puramboke. National Highway Puramboke does not require 3A notification. So the aforesaid Sy.No.was not included in 3A notification. The Land where the temple is situated is the property of the National Highway as it is a National Highway Puramboke. The petitioner had no right over this land which is proposed under acquisition.” WP(C) No.4346/2008 -2- Therefore, according to the respondents, it is a National Highway Puramboke, which is required for widening of the National Highway. 3. The petitioner has not produced any document to show that they have any legal right or possession, either contractual or otherwise, on the property in question. If that be so, being trespassers, they cannot raise any justifiable objection resisting the proceedings initiated by the respondents. 4. Thus on the merits, I do not find any case for interference. At this stage, the learned counsel for the petitioner seeks a reasonable time of one month to shift the structure now available. 5. I heard the learned counsel appearing for the respondents as well. Having regard to the submissions made, the time as sought for, namely one month from today for shifting the structure now available, is granted. With this direction, this writ petition is disposed of. (ANTONY DOMINIC, JUDGE) jg