IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND JANUARY 2010 / 2ND MAGHA 1931 WP(C).No. 37193 of 2009(T) -------------------------- PETITIONERS: --------------- 1. T.HARIDASAN, "SUTHARIA", P.O.PARAL, KODIYERI, THALASSERI TALUK. 2. THATTARIYIL SOMAN, MANIKOTH HOUSE, P.O.PARAL, KODIYERI, THALASSERI TALUK. 3. VAZHAYIL CHANDRAN, THALAKKOTTU PARAMBU, P.O.PARAL, NEAR ARABI COLLEGE, KODIYERI, THALASSERI TALUK. 4. THOTTOLIL JANU, THOTTOLIL, P.O.PARAL, KODIYERI, THALASSERI TALUK. 5. P.DAMODHARAN NAIR, PARAMBATH HOUSE, P.O.PARAL, KODIYERI, THALASSERI TALUK. BY ADV. MR. C.VALSALAN MR. K.RAKESH ROSHAN MS. THUSHARA.V RESPONDENTS: --------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND NATIONAL HIGHWAY, GOVERNMENT OF INDIA, NEW DELHI. 2. NATIONAL HIGHWAY AUTHORITY OF INDIA, NEW DELHI, REP. BY ITS CHAIRMAN, NEW DELHI. 3. CHIEF ENGINEER, NATIONAL HIGHWAY, THIRUVANANTHAPURAM. W.P.(C) No. 37193/2009 : 2 : 4. THE EXECUTIVE ENGINEER, NH DIVISION, KANNUR. 5. THE SPECIAL TAHSILDAR, LAND ACQUISITION (NH)(NO.2), (AUTHORISED OFFICER), THALASSERI MAHE BYEPASS, KODIYERI DIVISION, THALASSERI. ADV. MR. T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1 MR. THOMAS ANTONY FOR R2 MRS. K.R. DEEPA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.37193 of 2009 --------------------------------- Dated, this the 22nd day of January, 2010 J U D G M E N T The petitioners' grievance is that by Ext.P1 notification issued under the provisions of the National Highways Act, 1956, their properties are proposed to be acquired for the purpose of the new bye-pass by name Thalassery-Mahe bye-pass. It is stated that adjacent properties were acquired under the provisions of the Land Acquisition Act and the present acquisition is under the provisions of the National Highways Act, and as a result thereof, they are being deprived of several benefits, which are available under the Land Acquisition Act. 2. However, as is evident from Ext.P1, proceedings are initiated under the provisions of the National Highways Act, 1956. If proceedings are so initiated and concluded, benefits and remedies can be claimed and pursued in terms of the provisions of the said Act only. As rightly pointed out in the statement filed by the 6th WP(C) No.37193/2009 -2- respondent, if aggrieved, land owners can seek appointment of an Arbitrator to redress their grievances. Now that such remedies are open, the petitioners cannot have any legally redressable grievance against the proceedings initiated. This writ petition is therefore, dismissed. (ANTONY DOMINIC, JUDGE) jg