IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 WP(C).No. 14700 of 2011(J) -------------------------- PETITIONER --------------- M/S.FALCON INFRASTRUCTURES LTD P.B.NO.4030,PUTHIYA ROAD, UDYOGAMANDAL P.O. KOCHI-683501,REP.BY ITS MANAGING DIRECTOR N.A.MUHAMMED KUTTY BY ADV. SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH SRI.V.R.REKESH RESPONDENTS: --------------- 1. UNION OF INDIA REP.BY ITS, SECRETARY TO MINISTRY OF RAOD TRANSPORT & HIGHWAYS, TRANSPORT BHAVAN 1, PARLIAMENT STREET, NEW DELHI 110001 2. THE NATIONAL HIGHWAY AUTHORITY OF INDIA G-5 & 6,SECTOR 10,DWARAKA,NEW DELHI, 110075 REP.BY ITS SECRETARY 3. THE CHIEF GENERAL MANAGER (TECH) REGIONAL OFFICE,NATIONAL HIGHWAY AUTHORITY OF INDIA, SAHAKARA NAGAR BANGLORE NOW AT 8TH FLOOR, ANNEXE BUILDING, SPIC HOUSE, 88,MOUNT ROAD, GUNDI, CHENNAI, 600032 4. THE DEPUTY GENERAL MANAGER & THE PROJECT DIRECTOR, PROJECT IMPLEMENTATIN UNIT NATIONAL HIGHWAY AUTHORITY OF INDIA, NOW FUNCTIONING AT 1ST FLOOR, RAK TOWERS, OPP. LULU MALL, EDAPPALLY, COCHIN 682 024 5. THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION,KAKKANAD, ERNAKULAM WP(C).No. 14700 of 2011(J) 6. THE COMMISSIONER OF POLICE, COCHIN CITY,ERNAKULAM 7. THE SUB INSPECTOR OF POLICE, ELOOR POLICE STATION, ERNAKULAM DIST\ R1 BY SRI.N.M.JAMES, ADDL.CGSC R2 TO R4 BY ADV. SRI.THOMAS ANTONY BYGOVERNMENT PLEADER ADV. SMT. RAJASREE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14700 of 2011(J) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE COMMUNICATION DATED 27.03.2009 ADDRESSED TO THE 4TH RESPONDENT. EXT.P2 : TRUE COPY OF THE COMMUNICATION BEARING NO. FIL/PROJECT/1207/09 D ATED 8.01.2010 EXT.P3 : TRUE COPY OF THE COMMUNICATION BEARING NO. NHAI/TECH/VPV/KV/2010/66 DATED 11.06.2010. EXT.P4 : TRUE COPY OF THE REPRESENTATION DATED 5.4.2011 SUBMITTED BEFORE the 4TH RESPONDENT. EXT.P5 : TRUE COPY OF THE REPRESENTATION DATED 5.4.2011 SUBMITTED BEFORE THE 5TH RESPONDENT. EXT.P6 : TRUE COPY OF THE SKETCH PREPARED BY THE PETITIONER SHOWING THE OPENINGS AS REQUIRED BY THE PETITIONER /TRUE COPY/ P.S. TO JUDGE. P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 14700 OF 2011 ......................................................................... Dated this the 29th June , 2011 J U D G M E N T The petitioner has approached this court with the following prayers: “ i) issue a writ of mandamus or any other appropriate writ or order, directing the respondents to provide two permanent openings at 0+630 km and 0+710 km at the median in ICTT Vallarpadom Road, (NH 47C) so as to have the facility for ingress and aggress directly for heavy vehicles including the trailers carrying 40ft containers coming to the CFS conducted by the petitioner, without taking any 'U' turn, ii) issue a writ of mandamus or any other appropriate writ or order directing the respondents 1 to 4 to take decision on Ext.P2, after affording the petitioner an opportunity of being heard, within a time frame which this Honurable Court may deem fit, iii) pass such other orders which this Honourable Court may deem fit in the facts and circumstances of the case. ” 2. The learned counsel for the petitioner submits that the W.P.(C) No. 14700 OF 2011 2 grievance projected by the petitioner is genuine, in so far as the midway opening in the median at the spot was subsequently closed down by the N.H. authorities without any regard to the actual facts and circumstances, whereby heavy vehicles including heavy trailers proceeding along the road, will now have to take a 'u' turn after much strenuous exercise, causing much hardship so as to have an entry to the premises of the petitioner, resulting in traffic block. It is stated that the petitioner's activity is very much connected with the Vallarpadom Container Transshipment Terminal and the main purpose of the highway recently constructed and put to use, is to augment the activities of the Terminal. The learned Counsel for the petitioner submits that the grievance of the petitioner has already been projected by filing Ext.P2 application before the 4th respondent, who considered the same and on satisfying the genuineness of the complaint, has forwarded it for further steps to the third respondent, along with Ext.P3 recommendation. The learned Counsel further submits that the petitioner will be satisfied if a direction is given to the third respondent to consider Ext. P2, in the light of Ext. P3 and W.P.(C) No. 14700 OF 2011 3 pass appropriate orders within a reasonable time. 3. Heard the learned Standing Counsel appearing for the N.H. authorities and the learned Government Pleader as well.. 4. In view of the limited nature of relief now pressed before this Court, it is not necessary to go into the merits of the case, but for directing the third respondent to consider Ext. P2 and pass appropriate orders in the light of Ext.P3 and other relevant materials, in accordance with law, which shall be done as expeditiously as possible at any rate within 'six weeks' from the date of receipt of a copy of the judgment. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the third respondent for further steps. The writ petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk