Johnson P.A vs State Of Kerala
2021 Latest Caselaw 6388 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

           THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

                                     &

                 THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

      TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942

                         WP(C).No.34924 OF 2014(S)


PETITIONER/S:

       1        JOHNSON P.A.
                AGED 50 YEARS
                S/O.ANTHAPPAN,PADAN HOUSE,CHENNUR,KOTHAD.P.O,PRESIDENT,
                STAR FRIENDS MEN SELF-HELP GROUP, CHENNUR,
                KOTHAD.P.O-682 027.

       2        CYRIL XAVIER
                AGED 36 YEARS
                S/O.JOSEPH,KALLUVEETTIL HOUSE, CHENNUR,KOTHAD.P.O,
                SECRETARY, STAR FRIENDS MEN SELF-HELP GROUP, CHENNUR,
                KOTHAD.P.O-682 027.

                BY ADVS.
                SRI.VARGHESE C.KURIAKOSE
                SRI.P.J.JOSE

RESPONDENT/S:

       1        STATE OF KERALA
                REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
                THIRUVANANTHAPURAM-695 001.

       2        THE SECRETARY
                DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT,
                THIRUVANANTHAPURAM-695 001.

       3        SECRETARY
                DEPARTMENT OF REVENUE,SECRETARIAT,
                THIRUVANANTHAPURAM-695 001.

       4        THE GOSREE ISLANDS DEVELOPMENT AUTHORITY OFFICE OF GIDA
                GOSREE BIRDGE JUNCTION,ERNAKULAM,KOCHI-682 018,
                REPRESENTED BY ITS SECRETARY.
 W.P.(C) No. 34924/2014              :2:


       5       THE DISTRICT COLLECTOR
               ERNAKULAM DISTRICT, CIVIL STATION, KAKKANAD,
               KOCHI-682 030.

       6       THE KANDAMAKUDY GRAMA PANCHAYATH
               PIZHALA.P.O,KADAMAKUDY-682 027, REPRESENTED BY ITS
               SECRETARY.

       7       THE SPECIAL TAHASILDAR
               GCDA,O/O THE SPECIAL TAHSILDAR(LA),GCDA,
               ERNAKULAM-682 020.

               R1, R6 BY ADV. SRI.T.P.SANTHOSH KUMAR
               R1 BY ADV. SRI.C.A.MAJEED GREATER COCHIN DEVELOPMENT
               AUTHORITY
               R4 BY ADV. SRI.VARGHESE K.PAUL, SC
               R1-R3, R5 & R7 BY SRI. SURIN GEORGE IPE, SR. GOVERNMENT
               PLEADER
               R7 BY ADV. SRI.C.A.MAJEED, SC




      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-02-2021,
      THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 34924/2014             :3:




               Dated this the 23rd day of February, 2021.

                           JUDGMENT

SHAJI P. CHALY, J.

This is a Public Interest Litigation filed by the residents of the

Chennur Island in Kadamakudy Grama Panchayat seeking the

following reliefs:

1) Issue a writ, order or direction in the nature of mandamus or other appropriate writ directing respondent Nos. 4, 5 and 7 to forthwith initiate the proceedings for acquisition of the extent of land mentioned in Ext. P1 sanction in accordance with the revised alignment mentioned in Ext. P1 and conclude the acquisition at the earliest at any rate within a time frame to be stipulated by this Hon'ble Court and render justice to the islanders inhabiting Chennur island.

2) Issue a writ, order or direction in the nature of mandamus or other appropriate writ directing respondents 4 and 5 to construct the bridge within a time frame after the 7 th respondent takes possession of the properties after acquisition through the alignment contained in Ext. P1.

2. The basic contentions advanced by the petitioners are that

even though the Gosree Islands Development Authority (GIDA) was

constituted by the State Government for developing the islands in and

around Kochi, no action was being taken for the land acquisition and

the construction of the Kothad-Chennur bridge. It is also pointed out

that the said bridge is one of the works included for the development

agenda for which administrative and expenditure sanction was

accorded by the fist respondent; but after the foundation laying

ceremony, nothing further has taken place. Being aggrieved by the

inaction on the part of the respondents, the petitioners have

approached this Court.

3. The question with respect to the construction of Kothad-

Chennur bridge was considered by this Court in W.P.(C) No. 1760 of

2013 and connected case and on the basis of the report submitted in

regard to the progress and developments that have taken place,

directions were issued in that writ petitions as per the common

judgment dated 05.02.2021.

4. In that view of the matter, no further directions are actually

required in the case at hand. However, a detailed status report is

submitted by the 4th respondent in regard to the steps taken by the

GIDA for the construction of the Kothad-Chennur Bridge and the

development of the Kadamakudy Grama Panchayat and the

preferential areas. It is relevant to note from the report that the land

owners who are approached for the acquisition of the land were

informed that the Kothad-Chennur bridge proposal is a part of the ring

road proposal of the Greater Cochin Development Authority (GCDA)

and the proposal is not for connecting Kothad and Chennur alone; but

it is a part of a major road project of about 64 kms. in length.

5. It is also stated thereunder that the GIDA has adopted the

alignment prepared by GCDA as there cannot be two proposals for the

bridge and that too being part of the ring road. Other circumstances

were recorded in the earlier disposed writ petitions. But, we find it

relevant to note that in regard to the construction of the property in

question, PWD has prepared a detailed project report and has

submitted an estimate of Rs.35.97 crores to GIDA and the executive

committee of GIDA convened an urgent meeting on 28.01.2021 and

approved the estimate. The estimate so approved is now submitted to

the Government for obtaining administrative sanction and other

necessary proposals.

6. Taking into account the said aspects, we are of the view that

since already directions are issued in the earlier batch of writ petitions

for the construction of Kothad-Chennur bridge and for the allied

activities, this writ petition can be disposed of recording the report filed

in the instant writ petition. Accordingly, we do so.

However, we make it clear that the directions contained in the

common judgment dated 05.02.2021 in W.P.(C) No. 1760 of 2013 and

connected case would strictly apply to the writ petition at hand.

sd/-

S. MANIKUMAR, CHIEF JUSTICE.

sd/-

SHAJI P. CHALY, JUDGE.

Rv

APPENDIX

PETITIONERS' EXHIBITS:

EXHIBIT P1 EXT.P1 THE TRUE PHOTOCOPY OF ORDER DATED 30/11/2011 PASSED BY THE IST RESPONDENT THROUGH THE SECRETARY OF THE 2ND RESPONDENT.

EXHIBIT P2 EXT.P2 THE TRUE PHOTOCOPY OF THE INVITATION LETTER PUBLISHED BY THE 5TH RESPONDENT.

EXHIBIT P2(a) EXT.P2(A) THE TRUE PHOTOCOPY OF THE ENGLISH TRANSLATION OF INVITATION LETTER PUBLISHED BY THE 5TH RESPONDENT

EXHIBIT P3 EXT.P3 THE TRUE PHOTOCOPY OF STATUS REPORT SUBMITTED BY THE 4TH RESPONDENT WHICH AUTHORITY IS ACTUALLY THE 5TH RESPONDENT.

RESPONDENTS'S EXHIBITS: NIL

/True Copy/

PS To Judge.

rv