Latha.P.C vs The Project Director
2022 Latest Caselaw 4814 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
             THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
        FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
                       WP(C) NO. 14380 OF 2022
PETITIONERS:

    1       LATHA.P.C
            AGED 56 YEARS
            D/O. P.ANANTHAN NAIR, PUTHALATH HOUSE, ELAYAVOOR SOUTH,
            MUNDAYAD, PO VARAM, KANNUR DISTRICT.

    2       K.SUKUMARAN,
            AGED 80 YEARS
            S/O. AMBU, VINEESH NIVAS, P.O.MUNDALURE, IVERUKULAM,
            KANNUR DISTRICT-670622.

            BY ADV T.P.SAJID



RESPONDENTS:

    1       THE PROJECT DIRECTOR
            NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI), KOZHIKODE
            DISTRICT.

    2       THE DISTRICT COLLECTOR,
            COLLECTORATE, CIVIL STATION, KANNUR.

    3       KANNUR CORPORATION,
            TALAP, KANNUR-670017, REPRESENTED BY ITS SECRETARY.

    4       THE SECRETARY,
            KANNUR CORPORATION, TALAP, KANNUR-670017.



            SMT PARVATHY .K    GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14380 OF 2022
                                          2

                                   JUDGMENT

This writ petition is filed with the

following reliefs:-

i) To issue a writ of mandamus or any other appropriate writ or order directing the respondents to stay all construction works with regard to the NH 66 Muzhapilangad to Thaliparamba in front of the house of the petitioners forthwith.

Or in the alternative

ii) To issue a writ of mandamus or any other appropriate writ or order directing the respondents to give access the respective properties of the petitioners to the pathway.

iii) To issue a writ of mandamus or any other appropriate writ or order directing the 1st respondent to consider and pass final orders on Ext.P7 representation with notice and opportunity of hearing to the petitioners.

iv) To issue a writ of mandamus or any other appropriate writ or order directing the respondents to connect the Corporation Road, namely, Januparambu Road to the NH 66 Muzhapilangad to WP(C) NO. 14380 OF 2022

Thaliparamba from access from the petitioners properties.

2. I have heard the learned counsel for

the petitioners as well as the learned Standing

counsel appearing for the 1st respondent and the

learned Government Pleader.

Having regard to the facts and

circumstances of the case, there will be a

direction to the 1st respondent to consider

Ext.P7 in accordance with law and after

affording an opportunity of being heard either

physically or in online mode within a period of

three weeks from the date of receipt of a copy

of this judgment. Till such a decision is taken

and communicated to the petitioners, status quo

as on today shall be maintained by the parties.

This writ petition is thus disposed of.

Sd/-

MOHAMMED NIAS C.P.

SAS JUDGE WP(C) NO. 14380 OF 2022

APPENDIX OF WP(C) 14380/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ASSIGNMENT DEED DATED 24.5.2007 IN FAVOUR OF THE 1ST PETITIONER.

Exhibit P1(A) TRUE COPY OF DEED DATED 11.4.2018 IN FAVOUR OF THE 2ND PETITIONER.

Exhibit P2 TRUE COPY OF THE SKETCH PLAN OF THE WORK AND WAY TO THE HOUSE OF THE PETITIONERS PLOT.

Exhibit P3 PHOTOGRAPH EVIDENCING THE SHOWING THE CONSTRUCTION OF THE NATIONAL HIGHWAY AND ITS DEPTH.

Exhibit P4 PHOTOGRAPH EVIDENCING THE SHOWING THE CONSTRUCTION OF THE NATIONAL HIGHWAY.

Exhibit P5 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT ON 11.1.2022.

Exhibit P6 TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DISTRICT COLLECTOR DATED 21.3.2022.

Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 18.4.2022 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT.