Prof.Dr.K.P.Narayana Pillai vs State Of Kerala
2021 Latest Caselaw 22186 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
  FRIDAY, THE 5TH DAY OF NOVEMBER 2021/14TH KARTHIKA, 1943
                     WP(C) NO. 20349 OF 2021
PETITIONERS:

    1    PROF.DR.K.P.NARAYANA PILLAI,
         KUMARACHADATHU HOUSE, KIDAGARA,
         NOW RESIDING AT NANDANAM, VNRA-28,
         SANATHANAPURAM P.O., ALAPPUZHA.

    2    FR.JOSEPH KOCHUCHIRAYIL, VICAR,
         ST.ANTONY'S CHURCH, THAYENKERI,
         ALAPPUZHA DISTRICT.

    3    ADV.SUDEEP V.NAIR, PATHIL HOUSE,
         MANKOMBU, THEKKEKARA P.O.,
         ALAPPUZHA DISTRICT.

    4    VARGHESE KANNAMPALLY, KANNAMPALLY HOUSE,
         EDATHUVA P.O., ALAPPUZHA DISTRICT.

    5    PROF.DR.K.GOPAKUMAR,
         THUNDIYIL HOUSE, PONGA,
         THEKKEKARA P.O., ALAPPUZHA DISTRICT.

    6    RAJAN JACOB, RTD.DISTRICT TREASURY OFFICER,
         EBENEZER, PONGA P.O., ALAPPUZHA DISTRICT.

    7    K.N.KRISHNAN POTTI, SREELAKAM,
         KODUPUNNA P.O., ALAPPUZHA DISTRICT.

    8    SIBICHAN K.J., MADATHIL,
         THEKKEKARA P.O., ALAPPUZHA DISTRICT.

    9    K.C.MATHEW, KOOTUMEL, KOONAMTHARA,
         THEKKEKARA P.O., ALAPPUZHA DISTRICT.

   10    JOSEPH JOSEPH, VALAYATHIL,
         THEKKEKARA P.O., ALAPPUZHA DISTRICT.

         BY ADVS.
         JOMY GEORGE
         R.PADMARAJ
         DEEPAK MOHAN
 WP(C)No.20349/2021

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          CHITRA N. DAS
          RISHAB S.
          R.AJITH KUMAR [V.K.EDOM]
RESPONDENTS:

    1     STATE OF KERALA REPRESENTED BY
          ITS CHIEF SECRETARY,
          GOVERNMENT SECRETARIAT,
          THIRUVANANANTHAPURAM-695 001.

    2     SECRETARY,
          KERALA PUBLIC WORKS DEPARTMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695 001.

    3     DISTRICT COLLECTOR,
          COLLECTORATE, ALAPPUZHA-688 001.

    4     CHIEF ENGINEER,
          PWD ROADS AND BRIDGES,
          THIRUVANANTHAPURAM-695 001.

    5     PROJECT DIRECTOR,
          KERALA STATE TRANSPORT PROJECT,
          KESTEN ROAD, THIRUVANANTHAPURAM-695 003.

    6     THE URALUNGAL LABOUR CONTRACT
          CO-OPERATIVE SOCIETY LTD.NO.10957,
          REPRESENTED BY ITS PRESIDENT,
          MADAPPALLY COLLEGE P.O., VADAKARA,
          KOZHIKODE DISTRICT-673 513.

          BY ADVS.
          GOVERNMENT PLEADER SRI.P.G.PRAMOD
          R6 SRI.M.SASINDRAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP       FOR
ADMISSION ON 05.11.2021, THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 WP(C)No.20349/2021

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                           JUDGMENT

Dated this the 5th day of November, 2021

The writ petition has been filed by the residents of

Kuttanadu Taluk in Alappuzha District seeking to direct the

respondents to provide a passage for traffic for all kinds of

vehicles either along the part of the existing carriage way

under construction or along a temporary diversion

constructed close to the existing road as stipulated in

Ext.P1. The petitioners further seek to direct the

respondents to strictly comply with the traffic movement and

management system provided in Ext.P1 during the

construction of Alappuzha - Changanacherry Road.

2. The Alappuzha - Changanacherry Road is the

main means of road traffic in the Kuttanadu area. In the

year 2020, the Government decided to construct Semi

Elevated Highway, in larger public interest. The grievance WP(C)No.20349/2021

of the petitioners is that the agreements does not

contemplate a complete blockage of this road for the

purpose of construction of Semi Elevated Highway.

However, the 6th respondent Contractor in order to make

monitory gain, without making alternative arrangement for

vehicles pass through, has blocked the road.

3. The learned Standing Counsel for the 6 th

respondent on instructions, submits that there is no

complete blockage of traffic in the area and for the purpose

of expeditious and successful completion of the project, only

heavy vehicles are diverted. Two wheelers and four

wheelers are permitted to ply and even emergency vehicles

are permitted.

4. When a new road or elevated highway is being

constructed, it may require temporary/partial closure of the

area to complete the work. In such cases diversion of

vehicles cannot be treated as illegal or arbitrary. Taking into WP(C)No.20349/2021

consideration the larger public interest involved in this

matter and expeditious completion of the project, this Court

is of the considered view that the writ petition can be closed

recording the submission made by the Standing Counsel

that two wheelers and four wheelers and emergency

vehicles are permitted to ply through the entire length of the

road without causing any blockage to road.

The writ petition is disposed of as above.

Sd/-

N. NAGARESH JUDGE ncd/06.11.2021 WP(C)No.20349/2021

APPENDIX OF WP(C) 20349/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE SCHEDULE OF THE UP-GRADATION OF ALAPPUZHA-CHANGANACHERRY ROAD INTO SEMI ELEVATED HIGHWAY Exhibit P2 TRUE COPY OF THE PAPER REPORTS REGARDING THE SAME APPEARED IN MALAYALAMANORAMA DAILY ON 19.09.2021 Exhibit P2(a) TRUE COPY OF THE PAPER REPORTS REGARDING THE SAME APPEARED IN MALAYALAMANORAMA DAILY ON 03.09.2021 Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 31.08.2021 FILED BY THE 4TH PETITIONER

RESPONDENTS' EXHIBITS

ANNEXURE R6(a) A TRUE COPY OF THE RELEVANT EXTRACTS OF THE AGREEMENT ENTERED BETWEEN THE 5TH RESPONDENT AND 6TH RESPONDENT DATED 27.10.2020.

ANNEXURE R6(b)       TRUE   COPIES   OF   THE    PHOTOGRAPHS
                     SHOWING   CONSTRUCTION   OF   A   MINOR
                     BRIDGE   AT    LOCATION   22+572    AND

TRANSPORTATION OF VEHICLES THROUGH THE TEMPORARY STRUCTURE.