IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 WP(C).No. 2217 of 2010(S) ----------------------------------- PETITIONERS: --------------------- 1. C.KRISHNAN KUTTY, AGED 64 YEARS, S/O. VELAYUDHAN, PRESIDENT, IDIMUZHIKKAL SREE MAHA GANAPATHI KSHETRAM, P.O.CHELEMBERA, MALAPPURAM DISTRICT-673634. 2. K.DAMODARAN, AGED 60 YEARS, S/O.CHAPPAN, SECRETARY, IDIMUZHIKKAL SREE MAHA GANAPATHI KSHETRAM, P.O. CHELEMBRA, MALAPPURAM DISTRICT 673 634. BY ADV. SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENTS: ---------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE CHAIRMAN, NATIONAL HIGHWAYS AUTHORITY OF INDIA, G-5 & 6, SECTOR 10, DWARAKA, NEW DELHI-110075. 3. THE DIRECTOR, PUBLIC GRIEVANCES, D.G.M.(ADMINISTRATION), NATIONAL HIGHWAYS AUTHORITY OF INDIA, G-5 & 6, SECTOR 10, DWARAKA, NEW ELHI-110075. 4. SHRI. SUBBARAO, PROJECT DIRECTOR, NATIONAL HIGWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT, NO.2/2175-B, KRISHNKRIPA, AISWARYA ROAD, CIVIL STATION P.O., KOZHIKODE-673020. R1 BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL\ R2 BY STANDING COUNSEL SRI.THOMAS ANTONY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kurian Joseph, Ag. C.J. & Thottathil B.Radhakrishnan, J. ------------------------------------------ W.P.(C) No.2217 of 2010 ------------------------------------------ Dated this the 28th day of January, 2010 JUDGMENT Kurian Joseph, Ag. C.J. This writ petition is filed with the following prayers: “i) To issue a Writ of Mandamus commanding the respondents to fix parameters first, before fixing upon an alignment to widen the existing National Highway between Kuttippuram and Kozhikode in a place called Idimuzhikkal in Malappuram district a four-way traffic and hear the petitioners about their grievances before finally fixing alignment by taking such steps as are required and examining all the grievances highlighted by the petitioners to avoid any religious or other discrimination. ii) To issue a Writ of Mandamus forbearing the respondents from fixing the final alignment before so hearing the petitioners or such other members of the public as this Hon'ble Court directs and to take a final decision only after hearing all the affected parties. iii) To declare that the present alignment proposing to acquire a temple and properties of the W.P.(C) No.2217 of 2010 - 2 - temple while leaving aside a Madrassa is violative of Articles 25 and 26 of the Constitution of India.” 2. It is seen that Exts.P1 to P3 representations are pending in the matter. There will be a direction to the second respondent/competent authority to look into those representations with notice to the petitioners also and take appropriate action thereon in accordance with law, within a period of two months from the date of production of a copy of this judgment along with a copy of the writ petition by the petitioner. Writ petition is disposed of as above. Kurian Joseph, Ag. Chief Justice Thottathil B.Radhakrishnan, Judge vns