Raveendran Nair S vs The Chief Engineer
2021 Latest Caselaw 8716 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    TUESDAY, THE 16TH DAY OF MARCH 2021 / 25TH PHALGUNA, 1942

                       WP(C).No.6726 OF 2021(M)


PETITIONERS:

      1        RAVEENDRAN NAIR S.,
               AGED 66 YEARS
               S/O. SANKARA PILLAI, AMBADY HOUSE, ATTINGAL,
               THIRUVANANTHAPURAM DISTRICT, PIN-695101.

      2        B.ANILKUMAR,
               S/O. BHARGAVAN, KEEZHAL, PROPRIETOR,
               A.V.BHARGAVAN AND SONS, INDIAN OIL CORPORATION,
               ATTINGAL, RESIDING AT JANAK, KEEZHATTINGAL P.O.,
               THIRUVANANTHAPURAM, PIN-695101.

               BY ADV. SRI.S.SUJIN

RESPONDENTS:

      1        THE CHIEF ENGINEER
               PUBLIC WORKS DEPARTMENT (NATIONAL HIGHWAY),
               NH DIVISION, TRIVANDRUM-695033.

      2        EXECUTIVE ENGINEER,
               PUBLIC WORKS DEPARTMENT (NATIONAL HIGHWAY),
               NH DIVISION, PMG JUNCTION, TRIVANDRUM-695033.

      3        UNION OF INDIA,
               REPRESENTED BY THE SECRETARY,
               MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, 1,
               PARLIAMENT STREET, NEW DELHI-110001.


OTHER PRESENT:

               SMT.VINITHA.B, GP
               SRI.P.VIJAYAKUMAR, ASGI

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.6726 OF 2021(M)

                                        2




                             J U D G M E N T

Petitioners are aggrieved by the construction

of median going on in NH-66 at Attingal. The second

petitioner had already approached this Court pointing

out the very same grievance saying that the

construction will cause hindrance to the passage to

his Petroleum outlet and this Court had as per Ext.P2

judgment directed the second respondent to consider

his representation. Now second respondent has passed

Ext.P3 order rejecting the said representation.

Petitioners have thereupon submitted Ext.P4

representation before the Chief Engineer.

2. Learned counsel for the petitioners submits

that the petitioners would be satisfied with a

direction to the first respondent to consider Ext.P4

representation.

Therefore the writ petition is disposed of

directing the first respondent to consider and pass WP(C).No.6726 OF 2021(M)

orders on Ext.P4 representation, after affording an

opportunity of hearing to the petitioners through

electronic mode, as expeditiously as possible.

Sd/-

P.V.ASHA, JUDGE AS WP(C).No.6726 OF 2021(M)

APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED 07.11.2020 PREFERRED BY THE 2ND PETITIONER BEFORE THE EXECUTIVE ENGINEER, THE 2ND RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 15.01.2021 IN W.P.(C).NO.1089/2021.

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 11.02.2021 PASSED BY THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF REPRESENTATION DATED 03.03.2021 SUBMITTED BEFORE THE CHIEF ENGINEER IN THE NATIONAL HIGHWAY DIVISION BY THE PETITIONERS

EXHIBIT P5 TRUE COPY OF THE GUIDELINES DATED 01.01.2020 ISSUED BY THE MINISTRY OF ROAD TRANSPORT AND HIGHWAY, GOVERNMENT OF INDIA.