Kerala High Court
Paul.M.A vs Project Director, National ... on 24 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
WP(C) NO. 13382 OF 2021
PETITIONER:
PAUL.M.A, AGED 79 YEARS, S/O. MANIYAKKU ANTONY,
MANIYAKKU HOUSE, THORAVU VILLAGE, PUDUKKAD DESOM,
THRISSUR DISTRICT.
BY ADV T.N.MANOJ
RESPONDENTS:
1 PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA
NO. 1187, ARUMUGHAM COLONY, CHANDRANAGAR, PALAKKAD,
KERALA 678007.
2 THE CHIEF OFFICER, GURUVAYOOR INFRASTRUCTURE PVT LTD,
PAALIYEKKARA TOLL PLAZA P.O, PALIYEKKARA, TRISSUR
DISTRICT - 680021.
3 THE DISTRICT COLLECTOR, COLLECTORATE
AYYANTHOLE, THRISSUR - 680003.
4 THE CHIEF ENGINEER , PWD ROADS DIVISION, PMG JUNCTION,
VIKAS BHAVAN, THIRUVANANTHAPURAM - 695033.
BY ADVS
SRI.K.A.SALIL NARAYANAN
SRI. ASWIN SETHUMADHAVAN - SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 13382/21
2
JUDGMENT
The petitioner has approached this Court
seeking that respondents 1 and 2 be directed to
construct a drainage canal along the western side
of the newly constructed National Highway,
commencing from Mayfair Hotel towards the south of
his residence, along its western side, so as to
avoid inundation in the area in question.
2. Noticing the afore submissions of the
petitioner, on 09.09.2021 - when this matter was
earlier considered - I had passed the following
order:
Since the petitioner seeks a
drainage to be constructed by the
National Highway Authority of India on
the New Highway abutting his property,
so as to save it from flooding in
future, I deem it appropriate that the
1st respondent be directed to considers
such request as an interim measure.
2. I, therefore, direct the
petitioner or his authorized
representative to mark appearance in the
office of the 1st respondent at 11.00
a.m on 17.09.2021; on which day, the
said Authority will hear him and take an
appropriate decision on his request for
WPC 13382/21
construction of the drainage.
3. I make it clear that this
Court does not intend to treat this writ
petition as an adversarial one, since if
the petitioner really has a cause for
concern, then the 1st respondent must
consider it with the empathy which it
deserves and thus decide whether a water
drainage canal requires to be
constructed.
4. The 1st respondent shall file a
report before this Court on or before
24.09.2021.
For an effective compliance of the
afore directions, I also direct the
petitioner to make a detailed
representation before the 1st respondent
on the day when he appears before him. I
am making this order because, I notice
that the earlier representations are of
the years 2013 and 2017 respectively.
Post on 24.09.2021.
3. Today, when this matter was called,
Sri.Salil Narayanan - learned Standing Counsel for
the National Highway Authority of India (NHAI),
produced on record Annexure R1(a) proceedings,
wherein, the Project Director of the NHAI is seen
to have directed the Concessionaire - the 2nd
respondent to begin and complete construction of
the drainage work near Puthukkad Junction. He
added that this has been agreed to be done by the
Concessionaire and therefore, it can be completed
without any avoidable delay.
WPC 13382/21
4. In response, Sri.T.N.Manoj - learned
counsel for the petitioner, submitted that his
client is only concerned about the next monsoon
season and therefore, prayed that the 2 nd
respondent be directed to complete the work as per
Annexure R1(a) within at least six months from
today. He also added that the 2nd respondent may
also be directed to prevent flow of water as shown
in Ext.P1 photograph through a small sluice
adjacent to his client's property.
Taking note of the afore submissions and since
Annexure R1(a) has already been placed on record
by the NHAI - which has not been opposed by the 2 nd
respondent, who remains ex parte even though
properly served - I allow this Writ Petition and
direct the said respondent to complete the work as
mentioned therein within a period of six months
from the date of receipt of a copy of this
judgment.
I also direct the 2nd respondent to advert to
the grievance of the petitioner with respect to
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the sluice in front of his property, which shall
also be taken care of without any further delay,
but within the next one or two months.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 13382/21
APPENDIX OF WP(C) 13382/2021
PETITIONER EXHIBITS
Exhibit P1 PHOTOGRAPH EVIDENCING THE FLOW OF WATER
TO THE PROPERTY OF THE PETITIONER, FROM
THE NATIONAL HIGH WAY DURING THIS RAINY
SEASON.
Exhibit P2 PHOTOGRAPH EVIDENCING THE PRESENT LYE
OF THE PROPERTY OF THE PETITIONER AND
THAT OF NH - 47, AFTER THE COMPLETION
OF THE EXPANSION OF THE NH 47.
Exhibit P3 PHOTOGRAPH EVIDENCING THE PUDUKKAD
JUNCTION AND SLOP OF THE LAND FURTHER
TOWARDS WEST TOWARDS THE PROPERTY OF
THE PETITIONER AFTER THE COMPLETION OF
THE EXPANSION OF THE NH 47.
Exhibit P4 TRUE COPY OF THE COMPLAINT DATED
8.2.2013 FILED BY THE PETITIONER BEFORE
THE 1ST RESPONDENT.
Exhibit P5 THE COPY OF THE REPLY DATED 27.7.2017
OBTAINED FROM THE OFFICE OF THE
MINISTER INFORMING THE PETITIONER ABOUT
FORWARDING HIS REPRESENTATION.
Exhibit P6 A ROUGH SKETCH PREPARED BY THE
PETITIONER DATED NIL DETAILING THE
PRESENT LYE AND NATURE OF THE PROPERTY
OF THE PETITIONER AND THAT OF THE NH
Exhibit P7 TRUE COPY OF THE PLP 1326/2019, DATED
14.6.2019 FILED BY THE PETITIONER
AGAINST THE RESPONDENTS, UNDER THE
LEGAL SERVICE AUTHORITIES ACT AT
IRINJALAKUDA.
RESPONDENTS' EXTS:
ANNEXURE R1 A TRUE COPY OF THE COMMUNICATION ISSUED
BY THIS RESPONDENT TO THE PETITIONER
WPC 13382/21
DATED 21.09.2021
