IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 WP(C).No. 8655 of 2010(F) ------------------------- PETITIONER(S): ---------------------- 1. K.G.CHITHARANJAN, S/O.GOPINATHAN, MOZHOOR MATTAM P.O., HARIPPAD. 2. C.R.RADHAKRISHNAN NAIR, S/O.KUTTAN PILLAI, MOHANALAYAM, VETTUVENI, HARIPPAD P.O. 3. K.SOMAN, SREE RUDRA BHAVAN, VETTUVENI, HARIPPAD P.O. 4. K.ANANDAN, S/O.KUTTAPPAN, AGED 59 YEARS, YAVANIKA, VETTUVENI, HARIPPAD PO. 5. T.K.THULASIDAS, THAILSSERIL, VETTUVENI, HARIPPAD PO. 6. N.RAMACHANRAN, AGED 56 YEARS, S/O.NARAYANAN.S, PUSHPANJALI (VALIAKUZHY), MUTTOM P.O., HARIPPAD-650 511. 7. R.SARALAMMA, W/O.LATE BALENDRAN, BHARATHY, VETTUVENI, HARIPPAD PO. 8. VIJAYAMMA.S, W/O.VELAYUDHAN PILLAI, VILAKAYIL PADEETTATHIL, VETTUVENI, HARIPPAD P.O. BY ADV. SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENT(S): -------------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF SURFACE TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN, PARLIAMENT ST., NEW DELHI-110 001. WPC NO.8655/2010 -2- 2. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, TRIVANDRUM. 3. THE NATIONAL HIGHWAY AUTHORITY OF INDIA, REPRESENTED BY THE PROJECT DIRECTOR, PROJECT IMPLEMENTATION UNIT, TC-29/1539/1, RAJASREE, KAIRALI LANE, PERUMTHANNI, VALLAKKADAVU P.O., TRIVANDRUM-695 008. 4. THE DISTRICT COLLECTOR, ALAPPUZHA. 5. THE DEPUTY COLLECTOR (LAND ACQUISITION), ALAPPUZHA. 6. THE SUPERINTENDENT OF POLICE, ALAPPUZHA. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1 SRI.THOMAS ANTONY FOR R3 GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 8655 OF 2010 (F) ===================== Dated this the 31st day of March, 2010 J U D G M E N T Heard the learned counsel for the petitioners, the learned standing counsel appearing for the National Highway Authority of India and the learned Government Pleader. 2. The grievance of the petitioners is regarding the acquisition for National Highway widening at Harippad. According to the petitioners, the alignment fixed is not scientific and there is no justification for acquiring their land. 3. In my view, these are contentions which the petitioners should urge before the SLAO in response to the notification published under Section 3A of the National Highway Act. It is pointed out by the standing counsel for the respondent that notification has been published on 8/12/2009. Although under the Act, the time specified for filing objection is 21 days, the objection filed by the petitioners viz., Ext.P4 is belated, in as much as it is filed only on 22/2/2010. 4. Irrespective of the delay involved, if proceedings are not finalised, I feel the ends of justice will be met if the SLAO WPC No.8655/10 :2 : considers Ext.P4 as one filed in response to 3A notification. 5. In view of the above, the writ petition is disposed of directing that the 5th respondent will consider Ext.P4 objection filed by the 2nd petitioner as an objection filed on behalf of all the petitioners. Petitioners may produce a copy of this judgment along with a copy of this writ petition before the 5th respondent for compliance. ANTONY DOMINIC, JUDGE Rp