IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 26TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944
WP(C) NO. 9586 OF 2021
PETITIONERS:
1 KOORIYATTU VATTAMPARAMBIL YOUSAF,
AGED 65 YEARS
S/O. MOIDU, RESIDING AT KOORIYATTU VATTAMPARAMBIL
HOUSE, PATTIKKAD, MALAPPURAM DISTRICT.
2 FIROZ KONIKUZHIYIL
AGED 42 YEARS
S/O. HUSSAN HAJI, RESIDING AT KONIKUZHIYIL,
POONTHAVANAM, MALAPPURAM DISTRICT.
3 NOOR MUHAMMED KURIYADAN
AGED 49 YEARS
S/O. BEERAN, RESIDING AT KURIADAN, PALLIKKUNNU,
CHUNGAL, MALAPPURAM DISTRICT.
4 ABDUL JABBAR M.T.
AGED 47 YEARS
MATTUMATHODI HOUSE, MULLYARKURSHI, PATTIKKAD,
MALAPPURAM DISTRICT.
BY ADVS.
M.ANUROOP
P.SAMSUDIN
MILAN RACHEL MATHEW
LIRA A.B.
RESPONDENTS:
1 THE DIVISIONAL MANAGER,
SOUTHERN RAILWAY, DIVISIONAL OFFICE,
PALAKKAD, PALAKKAD DISTRICT-678 001.
2 THE CHAIRMAN,
KERALA ROADS AND BRIDGES DEVELOPMENT CORPORATION,
2ND FLOOR, PREETHI BUILDING,
MAHAKAVI VALLOPPILLI ROAD, KOCHI-682 025, KERALA.
R2 IS DELETED FROM THE PARTY ARRAY AS PER JUDGMENT
DATED 26.08.2022 IN WP(C)No.9586/2022
WP(C) NO. 9586 OF 2021
2
3 THE CHAIRMAN,
KERALA RAIL DEVELOPMENT CORPORATION,
PURUSHU MENON ROAD, OPPOSITE SOUTH RAILWAY STATION,
ERNAKULAM-682 016.
4 THE DISTRICT COLLECTOR,
MALAPPURAM, CIVIL STATION,
MALAPPURAM-678 505, MALAPPURAM DISTRICT.
5 THE ASSISTANT EXECUTIVE ENGINEER,
ROADS SUB DIVISION, PUBLIC WORKS DEPARTMENT,
PERINTHALMANNA-679 322, MALAPPURAM DISTRICT.
BY ADVS.
SRI.M.S.IMTHIYAZ AHAMMED
SHRI.SHRI.DINESH RAO A., SC, K-RAIL
SRI.K.SHRI HARI RAO, SC, RAILWAYS
SRI. BIMAL K. NATH, SR.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 9586 OF 2021
3
T.R.RAVI, J.
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WP(C) No.9586 of 2022
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Dated this the 26th day of August, 2022
JUDGMENT
The counsel for the 2nd respondent submits that they are not a necessary party. The Government Pleader submits that the role of the 2nd respondent comes only after acquisition is complete and the work is alloted to the 2 nd respondent. As at present, the 2nd respondent does not appear to be a necessary party. They are deleted from the party array.
The counsel for the petitioners submits that in the report of the Social Assessment study, it has been stated that the grievance of the petitioners will also be looked into. It is for the respondents to consider the study report and to take appropriate action. The act provides sufficient opportunities for the aggrieved persons to challenge either the Social Impact Assessment study or the action taken thereafter. As such, it may not be required at this stage to express any opinion WP(C) NO. 9586 OF 2021 4 regarding that. If the petitioners are aggrieved by any action taken subsequently, they are free to approach the appropriate authority.
The writ petition is closed.
Sd/-
T.R.RAVI JUDGE sn WP(C) NO. 9586 OF 2021 5 APPENDIX OF WP(C) 9586/2021 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE ROUGH SKETCH OF THE ALIGNMENT PROPOSED BY THE RAILWAY AND AN AERIAL VIEW OF THE SITE.
EXHIBIT P2 PHOTOGRAPHS SHOWING THE STONES LAID BY THE RESPONDENTS IN THE PROPERTIES OF THE PETITIONERS. EXHIBIT P3 TRUE COPY OF THE ALTERNATE ALIGNMENT PROPOSED BY THE PETITIONERS.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE FIRST RESPONDENT. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXHIBIT P6 TRUE COY OF THE COMMUNICATION DATED 07/12/2020 ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER.
Exhibit P7 TRUE COPY OF THE DRAFT SOCIAL IMPACT ASSESSMENT STUDY REPORT.
RESPONDENT'S EXHIBITS EXHIBIT R3(A) A TRUE COPY OF THE RAILWAY BOARD LETER NO.2018/SAFETY(A&R)/1/20 DT.15.04.2019 EXHIBIT R3(B) A TRUE COPY OF THE NOTIFICATION EXHIBIT R3(C) DRAWING OF THE ROAD ALIGNMENT WHICH ILLUSTRIATES THE FEATURES OF THE ALIGNMENT ADOPTED CERTIFIED BY KRDCL //TRUE COPY// PA TO JUDGE