IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 WP(C).No. 2961 of 2010(S) ----------------------------------- PETITIONER: ------------------- P.MOHANAN, AGED 59 YEARS, S/O. PADMANABHAN, MURALEESADANAM, KOTTIYAM, ADICHANALLOOR VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: ----------------------- 1. THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF SURFACE TRANSPORT, CENTRAL SECRETARIAT, NEW DELHI. 2. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM. 3. THE PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA, REENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS), THIRUVANANTHAPURAM. 5. THE CHIEF ENGINEER, NATIONAL HIGHWAYS, THIRUVANANTHAPURAM- 695 033. 6. THE DISTRICT COLLECTOR, KOLLAM. 7. THE SPECIAL TAHASILDAR(LA) NO.1, KOLLAM. 8. THE PROJECT DIRECTOR, PIU, THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, TC.NO.29/1539/1, RAJASREE, KAIRALI LANE, PERUMTHANNI, VALLAKKADAVU PO, THIRUVANANTHAPURAM. 9. M/S.INTERNATIONAL COUNSULTANT AND TECHNOCRAT PVT,.LTD, A8, GREEN PARK, NEWD DELHI 110016 REPRESENTED BY ITS CHAIRMAN. R2 TO R7 BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL R8 BY STANDING COUNSEL SRI.THOMAS ANTONY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kurian Joseph, Ag. C.J. & Thottathil B.Radhakrishnan, J. ------------------------------------------ W.P.(C) No.2961 of 2010 ------------------------------------------ Dated this the 29th day of January, 2010 JUDGMENT Kurian Joseph, Ag. C.J. This writ petition is filed with the following prayers: “a) To issue a writ of Mandamus or any other appropriate writ or order or direction compelling and commanding the respondents for re-alignment of NH-47 in such a way to save the Kumaranasan Monuments at Thonackkal, Sree Kamashi Amman Kovil Temple at Kottiyam, Kadariya Thareekath Masjid at Mevaram, Indo Norwegian Hospital at Neendakara, Kottankulangara Devi Temple at Chavara, Puliyakulangara Sreekrishna Swami temple at Puliyakulangara and Valiyakulangara Mosque at Ochira. b) To give direction to the respondents to make alignment in such a way so as to acquire land from both sides of the existing equally. W.P.(C) No.2961 of 2010 - 2 - c) To declare that the present alignment is created due to malice large scale corruption and nepotism and as such the same is to be set aside and to be redrawn. d) To issue a writ of Mandamus or any other appropriate writ or order or direction compelling and commanding the respondents to make alignment of the sketch of NH-47 from Kazhakkoottam to Cherthala such a way so as to religious worship place, monuments, public government institutions of public utility services.” 2. It is for the petitioner to approach the General Manager, National Highway Authority of India, Thiruvananthapuram. In the event of the petitioner thus approaching the said authority by way of appropriate representation within a period of two weeks from today enclosing a copy of this judgment along with a copy of the writ petition, the matter shall be duly considered by the said authority with notice also to the petitioner. It will be W.P.(C) No.2961 of 2010 - 3 - open to the petitioner to produce whatever materials that are required for a proper decision by the said authority. The said authority shall pass appropriate orders in the matter in accordance with law within another two months. Writ petition is disposed of as above. Kurian Joseph, Ag. Chief Justice Thottathil B.Radhakrishnan, Judge vns