IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 WP(C).No. 25787 of 2008(T) -------------------------- PETITIONERS: ------------ 1. GOPI.V.K., GOLD SMITH, VADANAPPALLY HOUSE, VADANAPPALLY VILLAGE VADANAPALLY PO., TRICHUR. 2. BOSE.V.S., S/O.SREEDHARAN VADANAPPALLY HOUSE, DO.DO. 3. PRASAD.V.N., S/O.NARAYANAN, VAIKKATTIL HOUSE, VADANAPALLY, TRICHUR. BY ADV. SRI.S.KRISHNAMOORTHY RESPONDENTS: ------------- 1. NATIONAL HIGHWAY AUTHORITY OF INDIA REP. BY ITS GENERAL MANAGER, NEW DELHI. 2. PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, CHANDRANAGAR, PALAKKAD. 3. DISTRICT COLLECTOR, TRICHUR DISTRICT, TRICHUR. R1-R2 BY ADV.MR.THOMAS ANTONY, S.C. R3 BY GOVT. PLEADER MR.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.25787 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 3rd September, 2008 JUDGMENT It is submitted on behalf of Mr.Thomas Antony, Standing Counsel for the National Highway Authority of India that the proceedings are only at the initial stage of Section 3A(1) notification and that it is always open to the petitioners to urge all their contentions including the contention regarding malafides before the SLAO. On behalf of the learned counsel for the petitioners time is sought for. But I find that prayer No.2 in the Writ Petition is only for a direction to the 1st respondent to consider and pass orders on Exts.P2 and P3. Exts.P2 and P3 are copies of the representations submitted by the petitioners and others before the various authorities including the respondents. It is seen that the SLAO is not made a party. The statutory authority for considering objections to notifications under Section 3A(1), is the SLAO. 2. I dispose of the Writ Petition directing the petitioners to file objections before the SLAO raising all the contentions including the contention that the proceedings are vitiated by malafides. If the SLAO receives such an objection from the petitioners within two weeks of receiving copy of this judgment, the SLAO will enquire into those W.P.C.No.25787/08 - 2 - objections, hear a representative of the petitioners and take a decision treating as judgment directed to him. Needful as directed above shall be done by the SLAO without delay. It is made clear that it is open to the petitioners to raise further grounds/objections before the SLAO and the SLAO is to give its decision without being unduly influenced by the situation that a notification under Section 3A(1) is already promulgated. It is further clarified that the above directions will not stand in the way of the respondents independently considering the grievance of the petitioners as voiced by them in the representations submitted before them. A copy of this judgment can be produced before the SLAO concerned who thereupon will treat all the directions herein as directions addressed to him also. srd PIUS C.KURIAKOSE, JUDGE