IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 22ND JANUARY 2010 / 2ND MAGHA 1931 WP(C).No. 2070 of 2010(S) ------------------------- PETITIONERS: --------------- 1. MERCHANTS' ASSOCIATION, REGD NO.6806, VADANAPPALLY (AFFILIATED TO KERALA VYAPARI EKOPANA SAMITHY), REP. BY ITS PRESIDENT, GEORGE ALAPATT, AGED 75 YEARS, S/O.ANTONY ALAPATT HOUSE, KARAMUCK, KANDASSAMKADAVU, THRISSUR DIST, PIN: 680 613. 2. THOBIAS NELLISSERI, NELLISSERI HOUSE, "CENTRAL VIEW", THRISSUR ROAD, VADANAPPALLY, THRISSUR DIST 3. DAVID M.T., AGED 46 YEARS, S/O.THOMASKUTTY, MANGAN HOUSE, ENGANDIYOOR, THRISSUR DIST, PIN 680 615. 4. LOUIS C.V., AGED 66 YEARS, S/O.VAREED, CHALISSERY KUTTOOKARAN HOUSE, P.O. ERAVU, THRISSUR DIST, PIN: 680 620. 5. APPUKUTTAN, AGED 52 YEARS, S/O.LAKSHMIKUTTY AMMA, KATANI HOUSE, P.O. ERAVU, THRISSUR DIST, PIN: 680 620. 6. K.KARUNAKARAN NAIR, AGED 71 YEARS, S/O.KOCHUKRISHNAN NAIR, KUNDANAT HOUSE, P.O. ERAVU, THRISSUR DIST, PIN: 680 620. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SMT.SMITHA GEORGE SRI.VINOD MADHAVAN WP(C).No. 2070 of 2010(S) RESPONDENTS: ---------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THRISSUR. 3. THE LAND ACQUISITION DEPUTY COLLECTOR, THRISSUR. BY SENIOR GOVT. PLEADER, SMT. K.MEERA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Thottathil B.Radhakrishnan, J. ------------------------------------------ W.P.(C) No. 2070 of 2010 ------------------------------------------ Dated this the 22nd day of January, 2010 JUDGMENT S.R.Bannurmath, C.J. This public interest litigation is filed regarding the proposed acquisition of land for formation of Thrissur – Vadanappally Road. The main grievance of the petitioners is that there is an effective alternate possibility of constructing the road at a different place, rather than displacing the people on either side of the present proposed road. 2. After issuing notice to the respondents, through the learned Senior Government Pleader, today it is submitted that as per the instructions received, the Principal Secretary to Government, Public Works (G) Department had requested for remarks on land acquisition proposal for widening of the road and a detailed report has already been sent which is under consideration by the Executive W.P.(C) No.2070 of 2010 2 Engineer of Public Works Department for further necessary action. 3. In this regard, considering the contentions of the learned Senior Counsel for the petitioners quite justifiable and in such matters we feel that an expert advisory body or commission is also required to assist the Public Works Department, we direct the State Government to obtain advice from the National Transportation Planning and Research Centre (NATPAC) before finalization of its proposal. In this regard, as the persons residing on both sides of the proposed road would be affected by the present plan, we direct that it would be appropriate to give them also an opportunity of hearing through their representative. Writ petition is disposed of as above. S.R.Bannurmath, Chief Justice Thottathil B.Radhakrishnan, Judge vns