Residents Association Ekopana ... vs National Highway Authority Of ...
2021 Latest Caselaw 12480 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 18TH DAY OF MAY 2021 / 28TH VAISAKHA, 1943
                               WP(C) NO. 10975 OF 2021
PETITIONER


    RESIDENTS ASSOCIATION EKOPANA SAMITHI (RAES)
    REGISTRATION NO. KKD/CA/211/2020, RAMANATTUKARA MUNICIPALITY,
    KOZHIKODE DISTRICT - 673631, REPRESENTED BY ITS PRESIDENT BASHEER PARAMBAN,
    AGED 55 YEARS, S/O. KUNJALAVI, DIL HOUSE, VAIDYARANGADI P.O, RAMANATTUKARA,
    KOZHIKODE DISTRICT, KERALA STATE, PIN CODE - 673631.

         BY ADVS P.PAULOCHAN ANTONY

RESPONDENTS:


1. NATIONAL HIGHWAY AUTHORITY OF INDIA
   REPRESENTED BY ITS SECRETARY, G 5 AND 6, SECTION 10,
   DWARAKA, NEW DELHI - 110075.

2. REGIONAL OFFICER, NATIONAL HIGHWAY AUTHORITY OF INDIA,
   THIRUVANANTHAPURAM - 695033, REPRESENTED BY CHIEF ENGINEER (NATIONAL
   HIGHWAYS).

3. PROJECT DIRECTOR, PROJECT IMPLEMENTATION UNIT KOZHIKODE, NATIONAL HIGHWAY
   AUTHORITY OF INDIA, LOTUS HOUSE, 34/1487A, PROVIDENCE WOMEN'S COLLEGE ROAD,
   MALAPARAMBA, KOZHIKODE DISTRICT, KERALA - 673007.

4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS
   DEPARTMENT (ROADS), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.

5. THE DISTRICT COLLECTOR, KOZHIKODE, COLLECTORATE, CIVIL STATION,
   ERANHIPPALAM, KOZHIKODE - 673020.
        Adv. SRI.SURIN GEORGE IPE, GOVERNMENT PLEADER
        Adv. SRI.MATHEWS K PHILIP, SC

      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.05.2021, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.10975 of 2021
                                         :: 2 ::


                                     JUDGMENT

Dated this the 18th day of May 2021

S.MANIKUMAR, C.J.

The petitioner is a residential association which is stated to be duly

registered with the registrar of societies. Petitioner is aggrieved by the

inaction on the part of respondents in carrying out the maintenance and

repair works of the road surface on Arappuzha bridge across Chaliyar

river of Kozhikode District in NH-66. According to learned counsel for

the petitioner, the bridge was initially maintained by the Respondent

No.4/State of Kerala represented by the Secretary to Government and

later, the same was taken over by the National Highway Authority of

India as part of widening the NH-66. But till date, no measures are taken

for the widening of the said road. It is also submitted that eventhough

several representations are submitted before the respondents in this

regard, nothing has been done. Hence this writ petition with the

following prayers:

"I. Issue a writ of mandamus or any other appropriate writ or order directing the Respondents 1 to 3 forthwith to take appropriate steps to repair and maintenance of the road surface of Arappuzha bridge across Chaliyar river of Kozhikode District in NH-66 within a stipulated time period.

W.P.(C)No.10975 of 2021 :: 3 ::

II. Issue a writ of mandamus or any other appropriate writ or order directing the Respondents 1 to 3 forthwith to take appropriate action on Exhibit-P4 representation submitted by the Petitioner in accordance with law without any further delay."

2. Heard Sri.Mathews K. Philip, learned Standing Counsel for

respondents 1 to 3 and Sri.Surin George Ipe, learned Senior Government

Pleader for respondents 4 and 5.

3. Having heard learned counsel for the parties and having

perused the materials available on record, we direct the respondents 1

to 3 to consider and pass appropriate orders on Ext.P4 representation

submitted by the petitioner as early as possible, at any rate, within a

period of 8 weeks from the date of receipt of a copy of the judgment.

Writ petition is disposed of.

sd/-

S.MANIKUMAR CHIEF JUSTICE

sd/-

SHAJI P. CHALY JUDGE jes W.P.(C)No.10975 of 2021 :: 4 ::

PETITIONER'S EXHIBITS:

EXHIBIT P1 - TRUE COPY OF THE CERTIFICATE OF REGISTRATION NO.KKD/CA/211/2020 DATED 26.05.2020 ISSUED BY THE DISTRICT REGISTRAR, KOZHIKODE.

EXHIBIT P2 - TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES DATED 26.03.2021 OF THE PETITIONER ASSOCIATION. EXHIBIT P3 - TRUE COPY OF THE NEWS PAPER REPORT OF MATHRUBHUMI DAILY DATED 11.04.2021.

EXHIBIT P4 - TRUE COPY OF THE REPRESENTATION DATED 21.04.2021 SUBMITTED BEFORE RESPONDENT NO.1 TO 3 BY THE PETITIONER.

// TRUE COPY // P.S. TO JUDGE