IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 WP(C).No. 20060 of 2010(S) -------------------------- PETITIONER:- ------------------ SUBIAR, AGED 55 YEARS, S/O.AHAMMED KANNI, T.C.39/1376, KACHERI HOUSE, CHALA, AIRANIMUTTOM VILLAGE, THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM DISTRICT. BY SRI.A.SUBAYER (PARTY IN PERSON) RESPONDENT(S):- ------------------------ 1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY TO THE STATE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, MINISTRY PUBLIC WORKS DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE CHAIRMAN, THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY, THIRUVANANTHAPURAM. GOVT.PLEADER SRI.LAKSHMI NARAYANAN FOR R1 & R2. ADV. SRI.K.A.JALEEL, SC., TRIDA FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.Ramachandran Nair & P.S.Gopinathan, JJ. ============================================ W.P.(C)No.20060 of 2010 ============================================ Dated this the 12th day of July, 2010. JUDGMENT Ramachandran Nair, J. Writ petition is filed for a direction to the respondents not to proceed with the construction of Thakaraparambu fly over in Thiruvananthapuram under the Capital Region Development Programme. At admission stage, we heard the petitioner in person, Government Pleader for respondents 1 and 2 and standing counsel for the third respondent. Petitioner's case is that the fly over is absolutely unnecessary and it is a complete waste of money because, the area where it is proposed to be constructed is not a priority area and it will not achieve the purpose of de-congestion of traffic in the city. Petitioner claims to have persuaded the Railways to drop the proposal of WPC20060/10 -:2:- investment of over Rs.10 crores for controlling flood in the railway lines. While Government Pleader seeks time for getting instructions, counsel for the third respondent submitted that this petition may be disposed of directing the petitioner to raise his objections before the High Level Committee chaired by the Principal Secretary, Public Works Department. According to the counsel, Secretary of the third respondent is the Secretary of the High Level Committee. In these circumstances, we feel petitioner should be given first opportunity to represent his objections before the High Level Committee, so that the Committee can give priority to any other work, if the present proposal is found unnecessary. Writ petition is hence disposed of with direction to the Secretary, High Level Committee to put up the petitioner's representation in the committee meeting and WPC20060/10 -:3:- arrange for a hearing during the meeting so that the petitioner gets an opportunity to represent his objections along with other objectors, if any, who could also be heard together before finalizing the project, if not already done. Petitioner will file a representation along with a copy of this judgment, sketches or other details before the Secretary, Thiruvananthapuram Development Authority for him to take up the matter with the Committee. However, if the work is in progress, the same need not be stalled on account of any representation pending consideration. C.N.Ramachandran Nair, Judge. P.S.Gopinathan, Judge. sl.