IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 WA.No. 693 of 2010 -------------------- AGAINST THE JUDGEMENT IN WPC.6494/2010 Dated 12/03/2010 .................... APPELLANT/PETITIONER: --------------------------- ALI MOHAMMAD, SECRETARY, KABARADI MUSLIM JAMAATH, VADAKKUM BHAGOM, KAZHAKKUTTAM, THIRUVANANTHAPURAM. BY ADV. SRI.SOORAJ T.ELENJICKAL SRI.K.NIRMALAN RESPONDENTS/RESPONDENTS: ---------------------------------- 1. THE SPECIAL DEPUTY COLLECTOR(LA-NH), KODAPPANAKKUNNU, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 3. NATIONAL HIGHWAY AUTHORITY OF INDIA REPRESENTED BY ITS PROJECT DIRECTOR AND MANAGER(T) NATIONAL HIGHWAY AUTHORITY OF INDIA PIU, THIRUVANANTHAPURAM. 4. UNION OF INDIA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF ROAD TRANSPORT AND NATIONAL HIGHWAYS - NEW DELHI. 5. STATE OF KERALA REPRESENTED BY THE SECRETARY TO DEPARTMENT OF PUBLIC WORKS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1, R2 & R5 BY SENIOR GOVT. PLEADER, SMT. K. MEERA R3 BY ADV. THOMAS ANTONY, SC, NH R4 BY ADV. SRI.T.P.M. IBRAHIM KHAN, ASSISTANT SOLICITOR GENERAL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, CJ. & C.N. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 693 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of April, 2010 JUDGMENT Ramachandran Nair, J. The appeal is filed against the judgment of learned Single Judge dated 12.03.10 declining to interfere with the appellant's objection against acquisition proceedings initiated for construction of National Highway. 2. Learned Single Judge found that, as of now, only notification is published under Section 3A of the National Highway Act, 1956 against which appellant can raise objection. Further proceedings of acquisition would be continued only after hearing the appellant's objection by the statutory authority. We do not find any justification to interfere because appellant can render objections before the statutory authorities. The Writ Appeal is accordingly closed leaving open the appellant's right to raise his objections, before the statutory authority. J.Chelameswar, Chief Justice. C.N. Ramachandran Nair, Judge. ttb WA No. -:2:-