IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 WP(C).No. 3125 of 2009(S) ------------------------- PETITIONER(S): ------------------------- 1. C.K.RAJANIKANTH, (JOINT GENERAL SECRETARY, HS - 47, JANAKEEYA SAMITHY, HARIPPAD), KANNAMTHANATH, HARIPPAD P.O., ALAPPUZHA DISTRICT. 2. K.GOVINDAPILLAI, (TREASURER, HS - 47, JANAKEEYA SAMITHY, HARIPPAD), PRABHA NIVAS, HARIPPAD P.O HARIPPAD, ALAPPUZHA DISTRICT BY ADV. SRI.GEORGE VARGHESE (PERUMPALLIKUTTIYIL) & SRI.A.R.DILEEP RESPONDENT(S): --------------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT IN THE MINISTRY OF SHIPPING, ROAD TRANSPORT AND HIGHWAYS, CENTRAL SECRETARIAT, NEW DELHI. 2. THE DIRECTOR GENERAL, ROAD DEVELOPMENT, DEPARTMENT OF ROAD TRANSPORT AND HIGHWAYS, MINISTRY OF SHIPPING, ROAD TRANSPORT AND HIGHWAYS, NEW DELHI. WP(C).No. 3125 of 2009 :: 2 :: 3. NATIONAL HIGHWAY AUTHORITY OF INDIA REPRESENTED BY ITS DIRECTOR, NEW DELHI. 4. GENERAL MANAGER, BOT(II) NATIONAL HIGHWAY AUTHORITY OF INDIA, NEW DELHI. 5. CHIEF ENGINEER, NATIONAL HIGHWAY DIVISION, KERALA. 6. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 7. SECRETARY TO THE GOVERNMENT OF KERALA IN THE DEPARTMENT OF PUBLIC WORKS AND NODAL OFFICER, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 8. DISTRICT COLLECTOR, ALAPPUZHA. 9. THASILDAR, KARTHIKAPPALLY. 10. M/S.INTERCONTINENTAL CONSULTANTS & TECHNOCARTS PVT.LTD, A-8 GREEN PARK, NEW DELHI. ADV. SRI.P.PARAMESWARAN NAIR, ASST.SOLICITOR FOR R1-2 R6 TO R9 BY GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY, Ag.C.J. & V.GIRI, J. ------------------------- W.P.(C).No.3125 of 2009 ------------------------- Dated this the 29th day of January, 2009. JUDGMENT Koshy, Ag.C.J. The petitioners are residents of Harippad Village, conducting trade on either side of NH-47 between Karuvatta junction and Kareelakulangara Junction of Alappuzha District. According to them, they are the Joint General Secretary and Treasurer of Janakeeya Samithi, which is not a registered association. So, the petitioners have no locus standi to file representations against Ext.P1. 2. It is submitted that they are highly affected by the proposed expansion of NH-47. If they are affected, nothing prevents them from filing a civil case. The main relief prayed for by the petitioners is to restrain the respondents from proceeding with the proposed expansion of NH-47 between Karuvatta junction and Kareelakulangara Junction. 3. As stated in Exts.P1 to P6, the expansion of NH-47 and expansion of infrastructure facilities are necessary for the development of the W.P.(C).No.3125 of 2009 :: 2 :: country. It cannot be insisted that density of population in Kerala should be taken as a criterion for expansion of a national highway and all roads should be constructed as an elevated highway. If the petitioners are really aggrieved by the alignment of the road, they can approach the civil court, as those are matters to be resolved invoking the power of a civil court. In these circumstances, the writ petition is not maintainable. It is accordingly dismissed. Sd/- (J.B. KOSHY) ACTING CHIEF JUSTICE Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge