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 FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 WP(C).No. 34984 of 2009(S) -------------------------------------------- PETITIONERS: --------------------- 1. BHARATHEEYA SWASRAYA KUDIVELLA PADHATHI, MUNNANIMOTTA, P.O.VARAM, KANNUR DISTRICT REPRESENTED BY ITS SECRETARY N.K.BABU, S/O.ONAKKAN, AGED 49 YEARS, NELLIYOTTU CANDY HOUSE, P.O.VARAM, KANNUR. 2. PEEDIYAKANDY ABDUL KHADER, S/O.KUNHATHUKUTTY, C.P.-1/432, THANGALAVALAPPIL HOUSE, KADANGODE, P.O.VARAM, KANNUR. 3. P.P.ABDUL KHADER, S/O.N.K.MOOSAN, CP-1/430 ASEEMA MANZIL, KADANGODE, P.O.VARAM, KANNUR. 4. THANGALAVALAPPIL KHADEEJA, D/O.PEEDIYAKKANDY KUNHATHUKUTTY, CP-1/429 KADANGODE, P.O.VARAM, KANNUR. 5. PANDARAVALAPPIL SAINABA, D/O.HAMEED MASTER, PANDARAVALAPPIL HOUSE, CP NO.480, KADANGODE, P.O.VARAM, KANNUR. 6. M.P.SUDHARMAN, S/O.ACHUTHAN, SINI NIVAS, CHELORA PLANCHAYAT, P.O.VARAM, KANNUR DISTRICT. 7. P.NARAYANI, D/O.KUNHIRAMAN, PUTHUKKUDI HOUSE, CHELORA PANCHAYAT P.O.VARAM, KANNUR DISTRICT. 8. ARACKAL NABEESA, W/O.KAMAL, BISMILLA MANZIL, CP 428, KADANGODE, VARAM P.O., KANNUR. BY SRI.M.C.SEN, SENIOR ADVOCATE ADV. SMT.M.M.DEEPA RESPONDENTS: ---------------------- 1. GENERAL MANAGER, NATIONAL HIGHWAY AUTHORITY OF INDIA, G 586, SECTOR 10, DWARKA, NEW DELHI. WPC No.34984 of 2009 - 2 - 2. DISTRICT COLLECTOR, KANNUR. R1 BY ADV.SRI.THOMAS ANTONY R2 BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.P.(C) No.34984 of 2009 ------------------------------------------ Dated this the 18th day of December, 2009 JUDGMENT A.K.Basheer, J. An organization which is stated to be engaged in implementing a scheme to provide potable water to the residents in and around Chelora Grama Panchayat and some of the inhabitants of that area through which a bye-pass road is now proposed to be constructed by the National Highway Authority, have filed this writ petition. The primary prayer is to issue a writ in the nature of mandamus or such other appropriate writ, order or direction to the respondents to undertake a survey through an independent agency with regard to the construction of the said Pappinisseri- Thazhechovva bye-pass road on National Highway 17, taking into account the guidelines issued by the Union Government and the grievances highlighted by the petitioners in Ext.P2 plan within a time frame. There is a further prayer to issue a direction to respondent No.1 to consider Ext.P5 representation submitted by WP(C) No.34984 of 2009 - 2 - petitioner No.1 organization and take an appropriate decision thereon. 2. The main grievance of the petitioners appears to be that the alignment which is in contemplation of the respondents for construction of the bye-pass will cause harm and damage to the properties of the local residents, particularly to the drinking water project established in that area. Petitioners would suggest an alternative alignment which is much shorter according to him. The acquisition cost will be much less and damage to property very minimal, it is contended by them. We do not propose to deal with the above and other contentions raised by the petitioners in the writ petition, at this stage. 3. In our view, these are all matters which will have to be necessarily considered by the competent authority which has the necessary expertise in the field. In the statement filed on behalf of respondent No.1, it is stated that the work on identification of correct survey number and measurement of exact extent of land that may be required for the purpose, is now in progress. Draft WP(C) No.34984 of 2009 - 3 - declaration to be published under Section 3A of the National Highways Act, 1956 in respect of the lands in Edakkad, Chembilode, Kadambur and Muzhappilangad Villages is already sent to the Ministry concerned. The work on the stretch between Pappinissery and Thazhechovva is in its final stage. 4. In our view, there is no justifiable reason for this Court to interfere with the ongoing process undertaken by the authorities. Anyhow, in view of the persuasive submission made by the learned senior counsel, we are inclined to grant the second prayer made in this writ petition, namely to issue a direction to respondent No.1 to consider and take a decision on Ext.P5 representation. 5. Therefore, the writ petition is disposed of with a direction to respondent No.1 (or any such other authority that may be authorised by respondent No.1 in this behalf) to consider and pass orders on Ext.P5 representation strictly on its merit and in accordance with law as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. It shall be ensured by the authority concerned that an WP(C) No.34984 of 2009 - 4 - opportunity of hearing is afforded to an authorised representative of petitioner No.1 organization before any decision is taken in the matter. Writ petition is disposed of in the above terms. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns