IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WP(C).No. 23723 of 2008(Y) -------------------------- PETITIONER: ------------ 1. ACTION COUNCIL OF AGGRIEVED RESIDENTS OF N.H.17 PARKING AREA' REPRESENTED BY ITS CHAIRMAN DR.E.A. VENUGOPAL,EASWARAMANGALAM HOUSE, P.O.KOTTAPPURAM KODUNGALLUR,THRISSUR DISTRICT PIN 680 661 2. A.K.SUHARA, W/O.N.A.ALI,NJAVELIPPARAMBIL HOUSE, KOTTAPPURAM P.O. KODUNGALLUR, THRISSUR DISTRICT 3. DR.D.RAJEEV, EASWARAMANGALAM HOUSE KOTTAPPURAM P.O. KODUNGALLUR, THRISSUR DISTRICT 4. DR.E.A.VENUGOPAL, EASWARAMANGALAM HOUSE KOTTAPPURAM P.O. KODUNGALLUR, THRISSUR DISTRICT 5. K.V.NARSYANAN,KALLINKKATTU HOUSE KOTTAPPURAM P.O. KODUNGALLUR, THRISSUR DISTRICT 6. M.J.JOSEPH, MANAYIL HOUSE KOTTAPPURAM P.O, THRISSUR DISTRICT 7. DR.SHAJU.A. ANTONY, AINIKKAL HOUSE T.K.S.PURAM, KOTTAPPURAM P.O. KODUNGALLUR, THRISSUR DISTRICT 8. K.C.ANTONY,KALUYADAN HOUSE,T.K.S PURAM KOTTAPPURAM P.O. KODUNGALLUR, THRISSUR DISTRICT BY ADV. SRI.P.S.KRISHNA PILLAI RESPONDENTS: ------------- 1. UNION OF INDIA REPRESENTED BY THE SECRETARY, DEPARTMENT OF SURFACE TRANSPORT, MINISTRY OF SHIPPING AND SURFACE TRANSPORT, 1 SANSAD MARG, NEW DELHI. 2. NATIONAL HIGHWAYS AUTHORITY OF INDIA DEPARTMENT OF SURFACE TRANSPORT, MIN ISTRY OF SHIPPING AND SURFACE TRANSPORT -1 SANSAD MARG, NEW DELHI, REPRESENTED BY ITS SECRETARY 3. THE SUPERINTENDING ENGINEER (NATIONAL HIGHWAYS) CENTRAL CIRCLE, VYTTILA, ERNAKULAM 4. THE EXECUTIVE ENGINEER, P.W.D., N.H.DIVISION, KODUNGALLUR, THRISSUR DISTRICT PIN 680 664 5. THE DEPUTY COLLECTOR, (LA) AND COMPETENT AUTHORITY, COLLECTORATE, AYYANTHOL, THRISSUR 6. METHALA GRAMA PANCHAYATH, METHALA PO KODUNGALLUR, THRISSUR DISTRICT, PIN 680 644 REPRESENTED BY ITS SECRETARY 7. KODUNGALLUR TALUK SABHA, REPRESENTED BY ITS CONVENOR, TAHSILDAR, KODUNGALLUR, THRISSUR DISTRICT, PIN 680 664 BY G.P. SRI.BASANTH BALAJI BY S.C. FOR N.H.A.I SRI.THOMAS ANTONY BY SRI.P.PARAMESHWARAN NAIR (R1) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 23723 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of August, 2008 JUDGMENT The grievance voiced by the petitioners, whose lands were proposed to be acquired in connection with the construction of bye pass to National Highway 17 pursuant to Ext.P2 notification under section 3A (1) of the National Highways Act 1956, is that there is a threat to acquire lands even beyond the terms of Ext.P2. According to them, the public purpose notified in Ext.P2 is construction of N.H. Bye pass and the proposal seems to be to acquire lands extending to width of 100 meters on either sides. 2. Obviously, the petitioners have filed Ext.P8 objection before the 5th respondent - the Deputy Collector, (L.A.) competent authority. Under the above circumstances, it is not necessary that this court examines the merits of the objections now. 3. I dispose of this writ petition directing the 5th respondent to hear an authorized representative of the petitioners and the WPC NO.23723/2008 2 2nd respondent - National Highways Authority and take a correct decision on Ext.P8. Orders in compliance with the above direction will be passed by the competent authority at the earliest Sri.Thomas Antony, the learned standing counsel for the National Highways Authority of India submits that the petitioners need not have any apprehension that they will be dispossessed before Ext.P8 objections are considered and settled by the 5th respondent. I record the above submission of the learned standing counsel. PIUS.C.KURIAKOSE JUDGE dpk . WPC NO.23723/2008 2