IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
WP(C) NO. 10117 OF 2021
PETITIONER/S:
N.K. SADIK
AGED 47 YEARS
S/O. MUHAMMED KOYA, PATHUMUNNI MAHAL, KONDOTTY P. O.,
KOZHIKODE DISTRICT, PIN - 673638.
BY ADVS.
RAFEEK. V.K.
SRI.U.M.HASSAN
SMT.P.PARVATHY
SHRI.MANAS P HAMEED
RESPONDENT/S:
1 NATIONAL HIGHWAY AUTHORITY OF INDIA
REPRESENTED BY ITS CHAIRMAN, G 5 AND 6, SECTOR 10,
DWARKA, NEW DELHI - 110 075.
2 PUBLIC WORKS DEPARTMENT
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, PUBLIC
OFFICE COMPLEX, MUSEUM P. O., THIRUVANANTHAPURAM - 695
033.
3 EXECUTIVE ENGINEER
PWD ROADS DIVISION, VAYAPPARAPADI, KACHERIPADI,
MANJERI, MALAPPURAM - 676517.
4 KONDOTTY MUNICIPALITY
REPRESENTED BY ITS SECRETARY, KONDOTTY MUNICIPALITY
OFFICE, KONDOTTY, MALAPPURAM - 673 638.
BY ADV SHRI.K.A.JALEEL, SC, KONDOTTY MUNICIPALITY
OTHER PRESENT:
GP AMMINIKUTTY K ; SC FOR NHAI B.G.BIDHAN CHANDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 10117 OF 2021
2
JUDGMENT
Dated this the 23rd day of June, 2022 Petitioner claims to be the General Secretary of a cultural organisation. It is submitted that the bus waiting shelter was constructed by the public near the National Highway 966 at Kondotty Town, Malappuram in the year 1964. As the shed became dilapidated over the years, it was reconstructed in the year 1998 by the petitioner's organisation. In January 2019, the waiting shed was demolished by some miscreants. The petitioner intends to re-construct the shed under official supervision. As the Municipality is not granting sanction, the writ petition is filed.
2. Learned Counsel for the petitioner pointed out that the bus waiting shed is used by a large number of commuters and the shed is not reconstructed, the public will be put to difficulties.
3. Learned Government Pleader submitted that Ext.P3 representation is dated 13.03.2021 and it will not WP(C) NO. 10117 OF 2021 3 be available in the records now. Hence, if the petitioner files a fresh representation, that can be considered and an appropriate decision taken.
4. Learned Counsel for the Municipality submitted that the permission is to be granted by the Public Works Department.
The Writ Petition is hence disposed of, directing the petitioner to file a fresh representation seeking permission for reconstructing the bus waiting shed. On such representation being filed, appropriate decision shall be taken by the second respondent within two months.
Sd/-
V.G.ARUN JUDGE RK WP(C) NO. 10117 OF 2021 4 APPENDIX OF WP(C) 10117/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF REPRESENTATION DATED 01.03.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF REPRESENTATION DATED 01.03.2021 SUBMITTED BY THE PETITIONER BEFORE THE HONOURABLE MINISTER FOR PUBLIC WORKS, KERALA.
EXHIBIT P3 TRUE COPY OF REPRESENTATION DATED 13.03.2021 SUBMITTED BEFORE THE 2ND RESPONDENT.