Kerala High Court
Ashokan vs Project Director, National ... on 26 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 26TH DAY OF AUGUST 2021 / 4TH BHADRA, 1943
WP(C) NO. 16092 OF 2021
PETITIONER:
ASHOKAN,
AGED 40 YEARS
S/O. SIVANKUTTY,
NADUKUNNEL HOUSE,
PANNIYANKARA P.O,
ALATHUR TALUK,
PALAKKAD DISTRICT-678683
BY ADV BABY MATHEW
RESPONDENT:
PROJECT DIRECTOR,
NATIONAL HIGHWAY AUTHORITY OF INDIA
NO. 310 A, CHANDRANAGAR EXTENTION,
CHANDRANAGAR P.O, PALAKKAD 678 007.
BY ADV K.A.SALIL NARAYANAN,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16092 OF 2021
2
P.V.KUNHIKRISHNAN, J.
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WP(C) No. 16092 OF 2021
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Dated this the 26th day of August 2021
JUDGMENT
The above writ petition is filed with the following prayers;
"i) To issue a writ of certiorari or other
appropriate writ or order calling for the records relating
to Ext.P6 notice and quash it.
ii) To grant such other relief, which are deemed
just and proper in the circumstances of the case. "
2. The short facts are like this;
The petitioner, constructed a three storey building facing
National Highway in the land covered by Ext.P1 sale deed,
after getting necessary permits from the local Grama
Panchayat. According to the petitioner, the building was
constructed after leaving 6 meter margin from the road
WP(C) NO. 16092 OF 2021
boundary and access to the building is from this road margin.
It is also stated in the writ petition that, the building was
numbered as 764/19, 765/19 and 766/19 by the
Vadakkenchery Grama Panchayat. In the ground floor, the
petitioner along with his family is residing. The 1 st floor is let
out to the Kerala State Beverages Corporation for conducting a
retail outlet. The 2nd floor is let out to two other persons.
Thereafter, the petitioner received a notice from the
respondent stating that, the petitioner has provided direct
unauthorized access to the commercial building directly from
the National Highway NH-544. Ext.P6 is the notice. Challenging
the same, this writ petition is filed.
3. Heard the learned counsel for the petitioner and Adv.
K.A. Salil Narayanan, learned Standing Counsel for the
respondent.
4. The learned counsel for the petitioner reiterated his
contentions in the writ petition. The learned Standing Counsel
WP(C) NO. 16092 OF 2021
submitted that, the petitioner was given sufficient opportunity
before issuing Ext.P6 notice. The learned counsel also
submitted that, before issuing Ext.P6 notice, another show
cause notice was given and in para 7 of Ext.P6 it is clearly
stated that, this notice is a final notice. The learned counsel
also submitted that, if the petitioner desire to take permission
for access to the National Highway's, he should submit
necessary application as per Section 29 of the Control of
National Highway (Land and Traffic) Act, 2002. The learned
counsel submitted that, without submitting a proper
application before the authority concerned, the petitioner is
directly approaching this Court under Article 226 of the
Constitution of India.
5. The learned Standing Counsel submitted that, the
access now used by the petitioner is creating hindrance to the
smooth traffic in the Highway because, a beverage corporation
outlet is now functioning in the 1 st floor of the building and
WP(C) NO. 16092 OF 2021
there is crowd in the shop.
6. After hearing both sides, according to me, this writ
petition can be disposed without expressing any opinion on
merit and allowing the petitioner to file an application under
Section 29 of the Control of National Highway (Land and
Traffic) Act, 2002 within a time frame and there can be a
direction to respondent to consider the same, after giving an
opportunity of hearing to the petitioner. Therefore, this writ
petition is disposed in the following manner;
1. The petitioner is free to file an application as per
Section 29 of the Control of National Highway (Land and
Traffic) Act, 2002 within one week from the date of receipt of a
copy of this judgment.
2. Once such an application is received from the
petitioner, the respondent will consider the same and pass
appropriate orders in it, in accordance to law, within three
weeks from the date of receipt of such application, after giving
WP(C) NO. 16092 OF 2021
an opportunity of hearing to the petitioner.
3. I make it clear that, the respondent is free to decide
the matter in accordance to law untrammeled by any
observation in this judgment.
(Sd/-)
P.V.KUNHIKRISHNAN
JUDGE
LU
WP(C) NO. 16092 OF 2021
APPENDIX OF WP(C) 16092/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SALE DEED NO. 2878/2014
OF SUB REGISTRY, VADAKKENCHERY DATED
07.11.2014.
EXHIBIT P2 TRUE COPY OF THE SALE DEED NO. 557/2005
OF SUB REGISTRY, VADAKKENCHERY DATED
11.2.2005.
EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS DATED
12.11.2012 OF THE COMPETENT AUTHORITY
-LANH, PALAKKAD.
EXHIBIT P4 TRUE COPY OF THE OWNERSHIP CERTIFICATE IN
RESPECT OF BUILDING NO. 764/19,
VADAKKANCHERY PANCHAYATH DATED 18.1.2021.
EXHIBIT P4(A) TRUE COPY OF THE OWNERSHIP CERTIFICATE IN
RESPECT OF BUILDING NO. 765/19
VADAKKANCHERY PANCHAYATH DATED 18.1.2021.
EXHIBIT P4(B) TRUE COPY OF THE OWNERSHIP CERTIFICATE IN
RESPECT OF BUILDING NO. 766/19
VADAKKANCHERY PANCHAYATH DATED 18.1.2021.
EXHIBIT P4(C) TRUE COPY OF THE ASSESSMENT NOTICE IN
RESPECT OF THE BUILDING NO. GI-1200/17-
18/KBT DATED 08.03.2018.
EXHIBIT P5 TRUE COPY OF THE LEASE DEED DATED
10.02.2021 EXECUTED BETWEEN THE
PETITIONER AND THE REGIONAL MANAGER, KSBC
LTD.
EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 23.07.2021
WP(C) NO. 16092 OF 2021
ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P7 TRUE PHOTOS OF THE PETITIONER'S BUILDING.
EXHIBIT P8 TRUE COPY OF THE COMPLAINT RECEIPT DATED
15.06.2017 ISSUED FROM THE COLLECTORATE,
PALAKKAD.
EXHIBIT P8(A) TRUE COPY OF THE FORWARDING LETTER DATED
29.12.2017.
// True Copy //
PA To Judge
