Kerala High Court
Priyan P.G vs The State Of Kerala on 30 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
WP(C) NO. 2453 OF 2021
PETITIONERS:
1 PRIYAN P.G.
AGED 50 YEARS
S/O GOVINDAN KUTTY MENON, ADVOCATE,
DEVIKRIPA, ST MARYS COLLEGE ROAD,
THRISSUR-680 020.
2 M. PRABHAVATHI,
AGED 75 YEARS
W/O GOVINDAN KUTTY MENON, DEVIKRIPA,
ST MARYS COLLEGE ROAD, THRISSUR-680 020.
BY ADVS.
M.ANIL KUMAR
SMT.PREETHI K.PURUSHOTHAMAN
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE SECRETARY,
THRISSUR MUNICIPAL CORPORATION,
M.O.ROAD, THRISSUR-680 001.
3 THE PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
NO 8/1187, ARUMUGHAN COLONY CHANDRA NAGAR,
PALAKKAD, KERALA-678 007.
4 REGIONAL MANAGER,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
SNNRA-9, PETTA P.O.THIRUVANANTHAPURAM-695 024.
5 PREETHI MANOJ,
AGED 48 YEARS
WP(C) NO. 2453 OF 2021
2
W/O MANOJ MENON, DEVIKRIPA,
ST. MARYS COLLEGE ROAD,
THRISSUR-680 020.
6 THE VILLAGE OFFICER
OLLUKARA VILLAGE OFFICE, SREYAS NAGAR, OLLUKARA,
THRISSUR-680 655.
IS IMPLEADED AS PER ORDER DATED 09.02.2021 IN
IA.NO.1/2021 IN WP(C) 2453/2021.
BY ADVS.
SHRI. SANTHOSH P.PODUVAL, SC, THRISSUR CORPORATION
SHRI.NANAVATI MAULIK.G
SHRI.ABHISHEK M. KUNNATHU
SRI.SANTHOSH MATHEW
SRI.ARUN THOMAS
SRI.JENNIS STEPHEN
SRI.VIJAY V. PAUL
SMT.KARTHIKA MARIA
SRI.ANIL SEBASTIAN PULICKEL
OTHER PRESENT:
SRI SANTHOSH P. PODUVAL SC. AND MAULIK NANAVATHY SC
AND RAJEEV JYOTHIS GEORGE G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 2453 OF 2021
3
JUDGMENT
The petitioners say that they have entered into an
agreement with "M/s. Essar Oil Limited", to install and run a
Petrol Pump in the property involved in this case and that it is
evident that the necessary permission to access the National
Highway, for such purpose, has already been granted by the
3rd respondent, through Ext.P1. They say that, however, in
spite of the fact that they have now obtained the access to the
Highway in the afore manner, they are unable to do so,
because of debris and such other being dumped in front of
their property; and therefore, pray that same be directed to be
cleared within a time frame to be fixed by this Court.
2. The afore submissions of Sri.M.Anil Kumar - learned
counsel for the petitioners were answered by Sri.Moulik
Nanavati - learned Standing Counsel appearing for the
National Highway Authority of India (NHAI), saying that as
regards the petitioners' prayer for clearing the debris in front of
their property is concerned, it will be done without any further
delay; but that, this, by itself, would not give them any
WP(C) NO. 2453 OF 2021
benefit because, if they have to access the National Highway -
including for the purpose of making construction thereon - the
permission granted in Ext.P1 is required to be renewed. He
submitted that, therefore, "Essar Oil Limited" will have to make
a fresh application to the National Highway Authority of India;
and thus, prayed that this writ petition be ordered only on such
terms.
3. In reply, Sri.M.Anilkumar - learned counsel for the
petitioners, submitted that the responsibility to approach the
NHAI, for access to the Highway, is on the "Essar Oil Limited"
and they will do so, if so required; however, adding that the
permission granted in Ext.P1 cannot be said to have expired.
Taking note of the afore submissions, I order this writ
petition to the limited extent of recording the afore
submissions of Sri.Moulik Nanavati, that the area in front of the
petitioners' property cleared will be by the NHAI as
expeditiously as is possible, but not later than one month from
the date of receipt of a copy of this judgment.
Consequently, I leave liberty to the petitioners and to
WP(C) NO. 2453 OF 2021
"Essar Oil Limited" to approach the NHAI, if they require any
further permission to access the National Highway; for which
purpose, all their contentions are left open to be pursued
appropriately.
At this time, Sri.M.Anilkumar - learned counsel for the
petitioners, pointed out that, as is evident from Ext.P7 series of
photographs, certain persons are also trying to put up
temporary bunks in front of his clients' property. He,
therefore, prayed that the Jurisdictional Village Officer be
directed to look into this and take necessary action.
The Learned Government Pleader - Sri .Rajeev Jyothish
George submitted that if the petitioners make appropriate
request to the Village Officer for the afore purpose, necessary
action will certainly be taken, particularly because the area in
question is a "road Puramboke". This is recorded.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
ANB
WP(C) NO. 2453 OF 2021
APPENDIX OF WP(C) 2453/2021
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE APPROVAL OBTAINED FROM
THE THIRD RESPONDENT, NATIONAL HIGHWAY
AUTHORITIES DATED 22.5.2015
EXHIBIT P2 A TRUE COPY OF THE NO OBJECTION
CERTIFICATE NO C4-79283/2014/KIDS DATED
26.9.2015 OBTAINED FROM THE ADDITIONAL
DISTRICT MAGISTRATE, THRISSUR
EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 3.3.2018
PASSED BY THE CHIEF TOWN PLANNER IN C2-
13430/2017/DIS
EXHIBIT P4 A TRUE COPY OF THE REGISTERED NOTICE DATED
22.3.2017 SEND BY THE PETITIONERS TO THE
3RD RESPONDENT
EXHIBIT P5 A TRUE COPY OF THE LETTER DATED 6.1.2018
OBTAINED FROM THE 3RD RESPONDENT
EXHIBIT P6 A TRUE COPY OF THE LETTER SEND BY THE
PETITIONERS TO THE 4TH RESPONDENT DATED
5.2.2018
EXHIBIT P7 THE TRUE COPIES OF THE PHOTOGRAPHS OF THE
SITE
