IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933 WP(C).No. 8580 of 2011(V) ------------------------- PETITIONER: ------------------- THRISSUR EXPRESSWAY LTD, PROJECT OFFICE, BEHIND APOLLO TYRES, PERAMBRA, THRISSUR PIN - 680 689, REPRESENTED BY PROJECT DIRECTOR, SREEKUMAR M.V., AGED 60 YEARS. BY ADVS. SRI.V.M.KRISHNAKUMAR SMT.P.R.REENA RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REP. BY SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. PIN - 695 001. 2. NATIONAL HIGHWAY AUTHORITY OF INDIA, REP. BY PROJECT DIRECTOR, NO.8/1187, ARUMUGHAN COLONY, CHANDRANAGAR, PALAKKAD, PIN 678 007. 3. THE DISTRICT COLLECTOR, THRISSUR PIN - 680 003. 4. THE DISTRICT COLLECTOR, PALAKKAD, PIN - 678 014. 5. SUPERINTENDENT OF POLICE, THRISSUR RURAL, THRISSUR. PIN - 680 003. 6. COMMISSIONER OF POLICE, THRISSUR. PIN - 680 003. 7. SUPERINTENDENT OF POLICE, PALAKKAD PIN - 678 014. 8. SPECIAL LAND ACQUISITION OFFICER & COMPETENT AUTHORITY, UNDER THE NATIONAL HIGHWAYS ACT (DEPUTY COLLECTOR, NHDP OFFICE, CHEMBUKKAVU, THRISSUR, PIN 680 003. 9. SPECIAL LAND ACQUISITION OFFICER & COMPETENT AUTHORITY, UNDER THE NATIONAL HIGHWAYS ACT (DEPUTY COLLECTOR, NHDP OFFICE, PALAKKAD, PIN - 678 014. R1 & R3 TO R9 BY GOVERNMENT PLEADER SMT.CHARISMA R2 BY ADV. SRI.THOMAS ANTONY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 8580 of 2011(V) ------------------------------------ APPENDIX ---------------- PETITIONER'S EXHIBITS ------------------------------------- EXT.P1. COPY OF THE RELEVANT PAGES OF THE CONCESSION AGREEMENT DATED 24.8.2009. EXT.P2. COPY OF NOTIFICATION ISSUED BY THE GOVERNMENT OF INDIA ON 16.92005. EXT.P3. COPY OF NOTIFICATION ISSUED BY THE GOVERNMENT OF INDIA DATED 3.8.2006. EXT.P4. COPY OF THE MAHZAR DATED 25.3.2010 SHOWING THE TAKING POSSESSION OF LAND. EXT.P5. COPY OF THE CERTIFICATE DATED 08.09.2009 ISSUED BY NHAI. EXT.P5(A). COPY OF THE CERTIFICATE DATED 16.10.2009 ISSUED BY NHAI EXT.P5(B). COPY OF THE CERTIFICATE DATED 13.10.2009 ISSUED BY NHAI. EXT.P6. COPY of the LETTER DATED 12.3.2010 OF THE NATIONAL HIGHWAY AUTHORITY OF INDIA. EXT.P7. COPY OF THE LETTER DATED 11.11.2010 OF THE GOVERNMENT OF KERALA. EXT.P8. COPY OF THE NEWS PAPER REPORT PUBLISHED ON 08.03.2011 IN MTHRUBHUMI DAILY. EXT.P9. COPY OF THE NEWS PAPER REPORT PUBLISHED ON 29.12.2010 IN MALAYALA MANORAMA DAILY. EXT.P10. COPY OF THE NEWS PAPER REPORT PUBLISHED IN MALAYALA MANORAMA DAILY ON 28.9.2010. EXT.P11. COPY OF THE LETTER DATED 20.12.2010 ISSUED BY THE NHAI TO THE DISTRICT COLLECTOR, PALAKKAD AND THRISSUR. EXT.P12. COPY OF THE LETTER DATED 20.12.2010 ISUED BY THE NHAI TO THE SUPERINTENDENT OF POLICE, PALAKKAD AND THRISSUR. EXT.P13. COPY OF THE LETTER DATED 7.3.2011 ISSUED BY THE PETITIONER RESPONDENT'S EXHIBITS : NIL --------------------------------------- / TRUE COPY / P.A. TO JUDGE VK R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.8580 of 2011 ------------------------------------------- Dated this the 25th March, 2011 ORDER/JUDGMENT Basant, J. I.A.No.5316/2011 Heard. Allowed. Additional respondents 10 to 12 are impleaded. WPC No.8580/2011 1. Heard. The learned Government Pleader takes notice for respondents 10 to 12. 2. This petition is filed by the petitioner for the issue of directions under Article 226 of the Constitution to the respondents police officials to afford protection to the petitioner for the taking over of land already acquired and to be made use of for widening the existing National Highway. 3. When this petition came up for hearing, the learned Government Pleader representing respondents 5, 6 and 7 as well as additional respondents 10 to 12 submits that the police is willing to afford police protection to the wpc No.8580/2011 2 petitioner wherever there is genuine difficulty for the petitioner to make use of the acquired land for the purposes of widening the National Highway. The petitioner can submit necessary application to respondents 10 to 12 as also the Superintendent of Police/Commissioner of Police of the concerned Police Station. Thereupon necessary police protection shall be afforded, submits the learned Government Pleader on behalf of respondents 5 to 7 and 10 to 12. 4. The learned counsel for the petitioner submits that though several requests were made earlier, necessary protection has not been afforded. 5. We take note of the submissions of the learned Government Pleader. We are satisfied in these circumstances that no further specific directions under Article 226 of the Constitution can, need or deserve to be issued. Suffice it to say that we accept the submissions of the learned Government Pleader on behalf of respondents 5 to 7 and 10 to 12. The petitioner shall be at liberty to make necessary applications as indicated above. wpc No.8580/2011 3 6. This writ petition is, in these circumstances, allowed in part to the above extent. Hand over copy to the counsel for the petitioner. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/