Rail And Road Passengers Welfare ... vs The State Of Kerala
2021 Latest Caselaw 18685 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
               THURSDAY, THE 9TH DAY OF SEPTEMBER 2021 / 18TH BHADRA, 1943
                                 WP(C) NO. 28960 OF 2018
PETITIONER:

               RAIL AND ROAD PASSENGERS WELFARE ASSOCIATION
               REG.NO.CA 221/2009, PRANAVAM A-15, GANDHI NAGAR, PUDUPARIYARAM,
               PALAKKAD 678731, REPRESENTED BY ITS PRESIDENT V.R.MOHANDAS, AGED 63
               YEARS, S/O T.N.RAMANUNNI MENON, PALAKKAD

               BY ADV U. BALAGANGADHARAN


RESPONDENTS:

      1        THE STATE OF KERALA, REPRESENTED BY SECRETARY, REVENUE DEPARTMENT,
               THIRUVANANTHAPURAM-695001.

      2        THE SECRETARY, TRANSPORT (A) DEPARTMENT,
               THIRUVANANTHAPURAM-695001.

      3        THE DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD-678001.

      4        THE LAND ACQUISTION OFFICER AND SPECIAL TAHSILDAR L.A. GENERAL
               CIVIL STATION, PALAKKAD - 678001.

      5        THE DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY,
               PALAKKAD DIVISION, PALAKKAD - 678731.

      6        THE DEPUTY CHIEF ENGINEER (CONSTRUCTION)
               SOUTHERN RAILWAY, ERNAKULAM-682011.

      7        SMT. THAJUNEESA, W/O. HUSSAIN,
               OPP. ANZARI LODGE, OLAVAKKODE, PALAKKAD - 678002.

               BY ADVS.SRI.K.V.SOHAN, STATE ATTORNEY
               SRI.A.DINESH RAO, SC, RAILWAYS
               SR. GOVERNMENT PLEADER SRI.K.P.HARISH


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.09.2021, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.28960 OF 2018
                                   :: 2 ::




                                JUDGMENT

Dated this the 9th day of September, 2021

S.MANIKUMAR, C.J.

Petitioner in this writ petition is the President of a registered

association namely, 'Rail and Road Passengers Welfare Association'

engaged in assisting the rail and road passengers in redressing their

grievances pertaining to their journeys. This public interest litigation

relates to the alleged inaction of the authorities on completion of the

acquisition proceedings and construction of the new approach road to

the Palakkad Junction Railway Station.

2. According to the petitioner, the present approach road to

Palghat Junction Railway Station, formerly known as Olavokkode, is

inconceivably narrow serpentine in nature and it is very much

congested due to shopkeepers and traders who throng upon the narrow

road rendering ingress and egress to the railway station a herculean

task. In the year 2002, the 6 th respondent/the Deputy Chief Engineer

(Construction), Southern Railway, Ernakulam has decided to construct a WP(C) NO.28960 OF 2018 :: 3 ::

wider road directly from the main road and requested the revenue

authorities to acquire 0.4683Ha of land. Eventhough Section 4(1)

notification was issued in the year 2003 and awards were passed in the

year 2006, 7th respondent/Smt.Thajuneesa, who possess a small piece of

land, refused to vacate from the premises unless she is properly

rehabilitated by the railways. But the railways remained nonchalant on

the said request and the 7th respondent continued to hold the property.

The concern raised by the petitioner in this writ petition is the delay in

widening the approach road to Palakkad Junction Railway Station.

3. Reliefs sought for in this writ petition are as follows:

(1) writ in the nature of mandamus commanding the 3 rd respondent to evict the occupants including 7th respondent from the acquired land and hand over the same to the 6 th respondent immediately;

(2) writ in the nature of mandamus commanding the 6 th respondent to complete the construction of access road to Palakkad railway junction as proposed in Exhibit P1 and Exhibit P2 proceedings with immediate effect and make it available to the general public.

(3) writ in the nature of mandamus commanding the 6 th respondent to do whatever necessary for rehabilitating 7 th respondent in accordance with the law, if so advised. WP(C) NO.28960 OF 2018 :: 4 ::

(4) declare that the construction of the approach road as proposed in Exhibit P1 and Exhibit P2 proceedings are to be completed on time bound manner without any further delay and it shall be open to the general public immediately.

4. We have heard learned counsel for the parties and perused the

materials available on record.

5. However, on this day, when the matter came up for hearing,

Mr.U.Balagangadharan, learned counsel for the petitioner submitted

that the construction of the approach road to Palghat Junction Railway

Station has been completed and that the approach road has also been

opened to the general public. However, inviting attention of this court

to Ext.P10 alignment sketch, describing the alignment of the proposed

approach road from National Highway to Palakkad Junction Railway

Station, learned counsel for the petitioner submitted that the approach

road is originally designed to enable free access to vehicles, but as per

the construction now made, at the corner of the road there is a

bottleneck.

6. Considering the entire facts and circumstances of the case, it is

the admitted fact that the construction of the approach road to Palghat WP(C) NO.28960 OF 2018 :: 5 ::

Junction Railway Station has already been over and the same has been

opened to the general public. We are of the view that no further

directions can be issued in this writ petition at this stage. However, we

make it clear that if the petitioner has still any grievance with regard

to the construction of the approach road to Palghat Junction Railway

Station, petitioner is at liberty to approach the appropriate authorities

in accordance with law, if so advised.

Writ petition is disposed of.

SD/-

S.MANIKUMAR CHIEF JUSTICE

SD/-

SHAJI P. CHALY JUDGE jes WP(C) NO.28960 OF 2018 :: 6 ::

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF LETTER OF 6TH RESPONDENT TO 3RD RESPONDENT DATED 11/05/2002 WITH ENCLOSURES THERETO.

EXHIBIT P2 A TRUE COPY OF NOTIFICATION IN GAZETTE DATED 06/08/2003.

EXHIBIT P3 A TRUE COPY OF AWARD DATED 10/11/2006 OF THE 4TH RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE JUDGMENT IN WA 2312/2006 DATED 03/03/2009 OF THIS HONOURABLE COURT.

EXHIBIT P5 A TRUE COPY OF THE PREFERENCE ORDER ISSUED BY THE 4TH RESPONDENT DATED 19/12/2006.

EXHIBIT P6 A TRUE COPY OF THE LETTER OF THE 4TH RESPONDENT TO THE SUBORDINATE JUDGE'S PALAKKAD DATED 19/12/2006.

EXHIBIT P7 A TRUE COPY OF THE JUDGMENT IN WP(C) 14063/2009 DATED 12/08/2009 OF THIS HONOURABLE COURT.

EXHIBIT P8 A TRUE COPY OF THE LETTER SUBMITTED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT DATED 18/05/2015 OBTAINED UNDER RTI ACT ALONGWITH ENGLISH TRANSLATION.

EXHIBIT P9 A TRUE COPY OF THE COMMUNICATION DATED 8.5.2018 RECEIVED FROM THE OFFICE OF THE DY.CHIEF ENGINEER, CONSTRUCTION IV/TPJ&PT UNDER THE RTI ACT.

EXHIBIT P10 A TRUE COPY OF THE ALIGNMENT SKETCH

RESPONDENTS' EXHIBITS:

EXHIBIT R5(1) TRUE COPY OF THE LETTER DATED 31.7.2018 ISSUED BY MY OFFICE TO THE 3RD RESPONDENT.

// TRUE COPY //

P.S. TO JUDGE