IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 WP(C).No. 8357 of 2010(T) ------------------------- PETITIONER(S): ------------------ 1. V.P.ARAVINDAKSHAN, S/O.V.R.PADMANABHAN, RESIDING AT VAIKKATTIL HOUSE, VADANAPPILLY P.O., THRISSUR-680 614. 2. V.R.SATHEERTHIAN, S/O.RAMAN, RESIDING AT VAIKKATTIL HOUSE, VADANAPPILLY P.O., THRISSUR-680 614. 3. R.K.MOIDU, S/O.KUNHI MUHAMMED, RESIDING AT RAYAMMARAKAR VEETTIL, EDASSERI P.O., THALIKULAM, THRISSUR DISTRICT. 4. P.K.SHAHUL HAMEED, S/O.PANIKAVEETTIL KOCHUMOHAMMED, RESIDING AT PANIKAVEETTIL HOUSE, THALIKULAM P.O., THRISSUR DISTRICT. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.DILIP J. AKKARA SRI.T.C.SURESH MENON RESPONDENT(S): -------------------- 1. THE UNION OF INDIA, REP. BY THE SECRETARY TO GOVERNMENT, MINISTRY OF SURFACE TRANSPORT, CENTRAL SECRETARIAT, NEW DELHI. 2. NATIONAL HIGHWAY AUTHORITY OF INDIA, REP. BY PROJECT DIRECTOR, N.H.OFFICE N.H.-17, 2175-B, KRISHNAKRIPA, AISWARYA ROAD, CIVIL STATION, CALICUT. WPC 8357/10 -2- 3. THE GENERAL MANAGER, BOT, NATIONAL HIGHWAY AUTHORITY OF INDIA, G5&6, SECTOR 10, DWARAKA, NEW DELHI-75. 4. THE SPECIAL DEPUTY COLLECTOR(LA) & COMPETENT AUTHORITY, KUTTYPURAM-EDAPPALLY NH-17, KODUNGALLUR. 5. THE CHAIRMAN, NATIONAL HIGHWAY AUTHORITY OF INDIA, G(5&6), SECTOR-10, DWARAKA, NEW DELHI. SRI,SHYAMKRISHNAN, CGSC SRI.THOMAS ANTONYM SC FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.8357 OF 2010 (T) -------------------------------------------------- Dated this the 15th day of March, 2010 J U D G M E N T Heard the standing counsel appearing for respondents 2 and 4. 2. Petitioner submits that pursuant to the direction in Ext.P6 judgment, the 4th respondent prepared Ext.P8 report which according to the petitioner is in conflict with the recommendation in Ext.P7 which was prepared by the predecessor in his office. 3. Be that as it may, from the facts it is seen that Ext.P10 is the notification issued under Section 3A of the National Highway Act, 1956 and Ext.P11 series are the objections filed by petitioners 1 to 4. 4. Under the National Highway Act, 1956, when a notification under Section 3(A) is issued, affected parties are entitled to file their objections. Once objections are received as above, it is for the competent authority to consider the objections, conduct necessary enquiries and pass orders thereon. Now that the petitioners have filed Ext.P11 objections to Ext.P10 notification, it is up to the WPC.No.8357 /2010 :2 : petitioners to urge their contentions before the competent authority including the alleged conflict between Ext.P8 and P7 as well. 5. Since the matter is pending before the 8th respondent as above, it is for the 4th respondent to consider the objections, including the conflict between Exts.P7 and P8 and pass appropriate orders, with notice to the affected parties and as expeditiously as possible. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/