IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 WA.No. 556 of 2009 --------------------------------- AGAINST THE JUDGEMENT IN WPC.37198/2004 Dated 01/12/2008 .................... APPELLANTS/PETITIONERS ---------------------------------------- 1. V.G.AMBUJAKSHAN (BLIND), VADAKKEDATH HOUSE, MAMALA P.O., MURIYAMANGALAM, ERNAKULAM DISTRICT. 2. N.M.RAGHAVAN NAIR, VADAKKEDATH HOUSE, MAMALA P.O., MURIYAMANGALAM, ERNAKULAM DISTRICT. 3. V.K.KRISHNANKUTTY, VADAKKEDATH HOUSE, MAMALA P.O., MURIYAMANGALAM, ERNAKULAM DISTRICT. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN, ADV.SRI.M.C.GOPI RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. THE CHIEF MANAGER, PUBLIC WORKS DEPARTMENT (NH), THIRUVANANTHAPURAM. 2. THE SUPERINTENDING ENGINEER, NATIONAL HIGHWAYS (CENTRAL REGION) CIRCLE, KOCHI-19. 3. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAY (R) SECTION, EDAPPALLY, ERNAKULAM DISTRICT. 4. UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF SURFACE TRANSPORT, CENTRAL SECRETARIAT, NEW DELHI. R1 TO R3 BY SR.GOVERNMENT PLEADER SMT.K.MEERA R4 BY ADV. SRI.JAYAPRADEEP. V. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.A.No.556 of of 2009 ------------------------------------------ Dated this the 26th day of August, 2009 JUDGMENT Basheer, J. Appellants are the petitioners in W.P.(C) No.37198 of 2004. The writ petition was filed with the following sole prayer: “issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to have the alignment of the proposed National Highway 49 at Thiruvaniyoor Panchayath in a straight line.” 2. The learned Single Judge after considering the various contentions raised by the parties, with particular reference to the technical aspects of the alignment of the Bye- pass in question, as highlighted by the respondents, came to the conclusion that there was no merit in the contentions raised by the appellants and accordingly dismissed the writ petition. W.A.No.556 of 2009 - 2 - 3. The primary contention raised by the appellants in the writ petition was that the alignment of the road (Tripunithura Bye-pass road-Link Road II on N.H.49) in the particular area where it passes through their properties was changed by the authorities in order to save the properties of some “other influential people”. According to the appellants, the alignment should have been altered in such a way as to avoid the bend. If the road had been straightened their properties could have been saved. 4. In the counter affidavit filed by the respondents this contention was squarely met by stoutly denying the allegation that the alignment was changed in order to help some influential people. It was also contended by the respondents that the alignment was fixed after elaborate consideration of the entire technical parameters. The respondents asserted that if any deviation was made, even if it be very slight, the entire alignment would be affected and huge additional expenses would be incurred. The alignment of Tripunithura Bye-pass W.A.No.556 of 2009 - 3 - from Mattakuzhy to Kundanoor was approved by Ministry of Surface Transport and Highways in 1997. The first portion of the Bye-pass from Mattakuzhy upto crossing of Railway line from Ernakulam to Kottayam for a distance of 3.868 K.Ms. (in which portion the plots of the appellants are situated) was not subjected to any shift or deviation from the approved route. It was also pointed out that the acquisition proceedings were in an advanced stage. The proceedings which had started some time in the year 1997 was almost nearing completion. All the lands, except very few had been taken possession of. In most of the cases, awards had also been passed. 5. The learned Single Judge while dealing with the above aspects had noticed that two other writ petitions, viz: W.P.(C) Nos.22772 and 26222 of 2008 which also pertained to the very same acquisition scheme, were disposed of by this Court by judgment dated November 28, 2008. In fact, arguments in this case were also heard along with the two cases referred to above. The Court had dismissed those two writ W.A.No.556 of 2009 - 4 - petitions as well, holding that the alignment finalised by the authorities could not be interfered with. It is beyond dispute that the judgment in the above cases has become final. 6. It was further noticed by the learned Single Judge that the allegation made by the appellants that the respondents had effected change in the alignment in order to save the properties of some “other influential people” with political connections was also totally without any basis or merit. The so- called influential persons were not impleaded in the writ petition. Their names or identity were also not even indicated. That was yet another reason which persuaded the learned Single Judge to repel the contentions raised by the appellants in this regard. 7. We have carefully perused the materials available on record, especially the sketches produced by the respondents and also the rough sketch prepared by the appellants. As rightly observed by the learned Single Judge, fixation of alignment for Highways is purely a technical matter to be decided by the W.A.No.556 of 2009 - 5 - experts. The alignment in this case had been fixed on the basis of surveys conducted by experts at various levels. The counter affidavit filed by the respondents will undoubtedly show that all technical parameters governing such alignments including the financial aspect of the project, had been kept in view while fixing it. Having carefully perused the entire materials available on record and having heard learned counsel for the appellants, we do not find any reason to interfere with the judgment passed by the learned Single Judge. The writ appeal fails and it is accordingly dismissed. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns