IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 WP(C).No. 19998 of 2009(T) -------------------------- PETITIONER(S): --------------- GEORGE, S/O.SEBASTIAN, ST.GEORGE AUTOMOBILES,PILLERKATTU HOUSE, AROOR VILLAGE, CHERTHALA. BY ADV. SRI.JOHN VARGHESE SRI.P.M.JOSEPH RESPONDENT(S): --------------- 1. THE D.G.M. AND PROJECT DIRECTOR NATIONAL HIGHWAYS AUTHORITY OF INDIA, VYTTILA, KOCHI. 2. ASSISTANT PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, VYTTILA, KOCHI. 3. HIGHWAY ADMINISTRATOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, VYTTILA, KOCHI. 4. SRI.AUGUSTINE, S/O.RAPHEL, THOTTUKARA HOUSE, AROOR, CHERTHALA. BY SRI.THOMAS ANTONY, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 19998 of 2009 -------------------------- Dated this the 17th July,2009 J U D G M E N T On the allegation that the petitioner is in occupation of a portion of road margin, which is treated as a national highway under the Control of National Highways (Land and Traffic) Act, 2002, proceedings have been initiated by the respondents against the petitioner. A neighbouring property owner had approached this Court in WPC 11600/2009 seeking a direction to the Highway Authorities to consider the complaint filed by him against the petitioner. This was disposed of under Ext.P2 judgment requiring the competent authority to take a decision after notice to the petitioner herein as well. Ext.P5 has now been issued requiring the petitioner to remove himself from the area in occupation lying by the side of National Highway and the same is under challenge in this writ petition. W.P ( C) No. 19998 of 2009 2 2. Sri.Thomas Antony, learned standing counsel for the respondents 1 to 3 submits that Ext.P5 shall only be treated as a shaw cause notice under Section 26 (2) of the Control of National Highways (Land and Traffic) Act 2002. If the petitioner appears before the competent authority and files his objections thereto, a detailed order in terms of the Act shall thereafter be passed after hearing the petitioner. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No. 19998 of 2009 3 W.P ( C) No. 19998 of 2009 4