IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 WP(C).No. 10339 of 2008(E) -------------------------- PETITIONER(S): --------------- 1. SUSHEELA PRABHU,W/O.LATE HARIDASA PRABHU,RESIDING AT KAPPASERIL HOUSE T.D. ROAD, KOOVILVATTOM DESOM, KANAYANNUR TALUK ERNAKULAM. 2. KARUNAKARA PRABHU S/O.LATE HARIDASA PRABHU,RESIDING AT KAPPASERIL HOUSE,T.D. ROAD, KOOVILVATTOM DESOM, KANAYANNUR TALUK ERNAKULAM. BY ADV. SMT.R.RANJINI SRI.S.RENJITH RESPONDENT(S): --------------- 1. THE UNION OF INDIA REP. BY SECRETARY DEPARTMENT OF MINISTRY OF SHIPPING AND ROAD TRANSPORT 2. NATIONAL HIGHWAYS AUTHORITY OF INDIA (MINITRY OF SHIPPING AND ROAD TRANSPORT) PLOT NO. 65,SECTOR 10, DWARAKA, NEW DELHI 110 75 3. STATE OF KERALA REP. BY ADDITIONAL CHIEF SECRETARY, TRANSPORT DEPARTMENT 4. THE DISTRICT COLLECTOR ERNAKULAM. 5. SPECIAL TAHSILDAR, LAND ACQUISITION ICTT,VALLARPADOM, OFFICIAL QUARTERS FACT, TOWNSHIP, UDYOKAMANDAL, ELOOR 6. PROJECT DIRECTOR, PROJECT IMPLEMENTATION OFFICE, HOUSE NO.29/1298-A,MANGALODAYA, VYTTILA P.O. 682 019 7. COCHIN PORT TRUST, WILLINGTON ISLAND COCHIN, REP. BY ITS CHAIRAMAN ADV. SRI.P.J.PHILIP FOR R.1 SR.GOVT. PLEADER SRI.D.ANIL KUMAR FOR R3, R4 & R5 SRI.E.K.NANDAKUMAR FOR R7 SRI.A.K.JAYASANKAR NAMBIAR FOR R7 SRI.K.JACOB ABRAHAM FOR R7 SRI.P.BENNY THOMAS FOR R7 SRI.ANIL D. NAIR FOR R7 SRI.THOMAS ANTONY FOR 6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON 6-10-08 DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF THE NOTIFICATION DATED 10-1-2008 EXT.P2 TRUE COPY OF THE RELEVANT PAGES OF NHIA MANUAL. RESPONDENTS' EXHIBITS EXT.R7(A) TRUE COPY OF THE REQUISITION DATED 17-10-2007 ISSUED BY THE PORT TRUST TO THE DISTRICT COLLECTOR, ERNAKULAM ALONG WITH ENCLOSURES. EXT.R7(B) TRUE COPY of the PLAN SHOWING THE PROPOSED ALIGNMENT AND THE ALIGNMENT AS PER EIA PLAN. EXT.R7(C) TRUE COPY OF THE NOTIFICATION DATED 24-12-2007 (TRUE COPY) PS TO JUDGE. PIUS C. KURIAKOSE, J. ----------------------------------------------- W.P.(C)No. 10339 OF 2008 ----------------------------------------------- Dated this the 6th day of October, 2008 J U D G M E N T The pleadings and prayers in this writ petition are identical to those in WP(C) No.7608 of 2008 filed by Kaduna Properties (P) Ltd. which I have dismissed today by a detailed judgment. For the reasons stated in that judgment this writ petition will stand dismissed. Copy of the judgment in WP(C) No. 7608 of 2008 shall be kept in the records of this writ petition also. (PIUS C.KURIAKOSE, JUDGE) ksv/-