IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 WP(C).No. 26627 of 2009(W) ----------------------------------------- PETITIONER(S): ------------------------ GURUVAYOOR INFRASTRUCTURE PRIVATE LTD., MCH.NO.555,ARORA COLONY ROAD NO.3, BANJARA HILLS,HYDERABAD-500 034, REP.BY VICE PRESIDENT,M.V.SREEKUMAR, AGED 62 YEARS,S/O.K.E.NAIR. BY ADV. SRI.A.S.RAJENDRAN NAIR RESPONDENT(S): ------------------------------ 1. STATE OF KERALA, REP.BY PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. 2. SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT,THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER SRI. K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.26627/2009 W APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE 1ST PAGE OF THE AGREEMENT ENTERED INTO, BY THE NATIONAL HIGHWAY AUTHORITY OF INDIA ON 27/03/2006. P2: COPY OF THE LETTER DTD. 17/09/09 OF THE NATIONAL HIGHWAY AUTHORITY OF INDIA. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 26627 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of June, 2010 J U D G M E N T The petitioner is a contractor, who entered into a contract with the National Highway Authority of India for execution of certain construction work of the national highway. According to the petitioner, the work has to be completed on a time bound basis. Petitioner is using tipper lorries for conveyance of the materials and machinery to the site. For completing the work in time, the petitioner has to ply the tipper lorries on all times of the day. But the Government has imposed a ban on plying of tipper lorries through the roads between 8 am to 10 pm and 3 pm to 5 pm, which according to the petitioner would considerably delay the work undertaken by him. In the above circumstances, the petitioner has filed Ext.P2 representation before the Government for exempting the petitioner from the purview of the said ban. The petitioner W.P.(C)No. 26627 of 2009 -2- submits in public interest, for the sake of completion of the development work of the national highway it is necessary to consider Ext.P2. Petitioner seeks a direction to the 2nd respondent to consider and pass orders on Ext.P2 as expeditiously as possible. 2. I have heard the learned Government Pleader also. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 2nd respondent to consider and pass orders on Ext.P2 as expeditiously as possible, at any rate within a period of one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. S. SIRI JAGAN JUDGE shg/