IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 WP(C).No. 28977 of 2009(N) ----------------------------------------- PETITIONER(S): ------------------------- 1. V.P.KUNJUMUHAMMED,S/O. MOHAMMED, SILICA MANZIL, POST VENNIYOOR, VIA VALAKULAM, MALAPPURAM DISTRICT. 2. DR. MUJEEB RAHIMAN,S/O. KUNHAMOIDEEN, THAYYIL HOUSE, POST VENNIYOOR, VIA VALAKULAM, MALAPPURAM DISTRICT. 3. ABDUL KAREEM, S/O. ALAVIKUTTY, THENGILATH HOUSE, POST VENNIYOOR, VALAKULAM, MALAPPURAM DISTRICT. BY ADVS. MR.C.M.MOHAMMED IQUABAL, MR.T.A.SHAJI. RESPONDENT(S): -------------------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF SURFACE, NEW DELHI. 2. THE CHIEF ENGINEER, NATIONAL HIGHWAY AUTHORITY, REGIONAL OFFICE, CALICUT. 3. THE SECRETARY TO THE GOVT. P.W.D. DEPARTMENT, THIRUVANANTHAPURAM. *ADDL.R4 & R5 IMPLEADED: R4. MOIDEENKUTTY, S/O.KUNHIDUTTY HAJI, MOOTAPARAMBAN HOUSE, POST VENNIYUR, THIRURANGADI TALUK, THIRURANGADI VILLAGE. R5. M.P.THITHUMMU, W/O.MOHAMMED HAJI, ULLATTUTHUDI HOUSE, POST VALAKKULAM, THIRURANGADI TALUK, THENNALA VILLAGE. (*ADDL.R4&R5 ARE IMPLEADED AS PER ORDER DTD.4/2/2010 IN A.NO.15748/2009) R1 BY ADV.MR.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR GENERAL OF INDIA R2 BY ADV. MR.THOMAS ANTONY R3 BY GOVERNMENT PLEADER SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2010 ALONG WITH WPC.NO.1608 OF 2010 AND WPC.NO.1902/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ANTONY DOMINIC, J. ------------------ WP(C) Nos.28977/09, 1608 & 1902/10 -------------------------- Dated, this the 4th day of February, 2010 J U D G M E N T 1. In these writ petitions, the challenge is against the alignment fixed for widening NH-17 at Venniyoor in Malappuram district. petitioners submit that the alignment as fixed is unscientific, injurious and therefore, should be shifted avoiding their properties. 2. It is now brought to my notice by the learned Standing Counsel appearing for the National Highway Authority that a notification under Section 3A of the National Highway Act is being published in the newspapers. According to him once a notification under Section 3A is published, the affected parties can raise their objections in the manner as provided under Section 3C(1), within 21 days from the date of publication. 3. Now that a notification is being published and the statute itself provides for filing objections and hearing the objectors, it is open to the petitioners to raise all their objections that are raised in these writ petitions. W.P.(C)s.28977/09, 1902 & 1608/10 2 4. Therefore these writ petitions are disposed of directing that as submitted by the learned counsel for the National Highway Authority before this Court, it will be open to the petitioners to file their objections within 21 days of publication of the notification in the newspaper and that once such objections are filed, the same will be dealt with in accordance with law. ANTONY DOMINIC, Judge mrcs