Kerala High Court
Aju .M. Johny vs State Of Kerala on 16 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022/27TH MAGHA, 1943
WP(C) NO. 224 OF 2022
PETITIONERS:
1 AJU M. JOHNY
AGED 44 YEARS
MANDUMPALA HOUSE, THAIKKAD P.O, GURUVAYUR,
THRISSUR DISTRICT, PIN - 680104
2 SABU .T.J
AGED 49 YEARS
THEKKEKKARA HOUSE, CHOONDAL P.O,
THRISSUR DISTRICT
PIN - 680503
3 E.G. SUNIL KUMAR
AGED 52 YEARS
EZHUVAN VALAPPIL HOUSE, CHAKKAM KANDAM P.O,
THRISSUR DISTRICT
PIN - 680101
BY ADVS.
M.MUHAMMED SHAFI
T.RASINI
RESPONDENTS:
1 STATE OF KERALA
REP. BY THE SECRETARY, PUBLICS WORKS
DEPARTMENT, THIRUVANANTHAPURAM
THIRUVANANTHAPURAM, PIN - 675033
2 THE DISTRICT COLLECTOR
COLLECTORATE, THRISSUR DISTRICT
3 THE SECRETARY
GURUVAYUR MUNICIPALITY, GURUVAYUR P.O,
THRISSUR DISTRICT
PIN - 680101
W.P.(C) No.224/2022
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4 THE ASSISTANT POLICE COMMISSIONER
GURUVAYUR SUB DIVISION, GURUVAYUR P.O,
THRISSUR DISTRICT
PIN - 680101
5 ROADS AND BRIDGES DEVELOPMENT CORPORATION OF
KERALA LTD.
REP. BY ITS MANAGER, VAILOPPILLI NAGAR,
PALARIVATTOM, ERNAKULAM DISTRICT
PIN - 682025
6 THE EXECUTIVE ENGINEER
PWD BRIDGES DIVISION, CHEMBUKKAVU,
THRISSUR DISTRICT
PIN - 680020
BY ADVS.
K.K.CHANDRAN PILLAI (SR.)
S.AMBILY
SHRI.K.V.MANOJ KUMAR, SC, ROADS AND BRIDGES
DEVELOPMENT CORPORATION OF KERALA LTD.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.02.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.224/2022
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N. NAGARESH, J.
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W.P.(C) No.224 of 2022
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Dated this the 16th day of February, 2022
JUDGMENT
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The petitioners are businessmen having shops
situated near the Railway Gate at East Nada of Guruvayur.
The petitioners submit that there are more than 100 shops in
that location. The 1st respondent-PWD entrusted to the 5 th
respondent-Roads and Bridges Development Corporation of
Kerala Ltd., construction of a Railway Overbridge there. The
5th respondent suddenly closed the entire Road in front of the
shops on 03.12.2021, without any notice, creating havoc
among the general public, customers and shop owners. The
3rd respondent-Secretary to Municipality immediately
interfered, the blockade was removed and road traffic was
restored.
W.P.(C) No.224/2022
2. But, the road on the eastern side was again
closed creating untold hardship to the regular customers and
shop owners. The petitioners fear that the Road in the
western side would be closed soon without providing facility
at least for the two-wheelers and three-wheelers to ply. The
petitioners sent Exts.P2 to P5 representations to the
respondents, which were of no avail.
3. The learned counsel for the petitioners submitted
that about 400 families are depending on the business
activities carried on in the area, for their livelihood. The
business activities have come to a standstill due to the action
of the 5th respondent. Though sufficient space is available for
the 5th respondent to carry out the Overbridge construction
work, without even providing a service road to ply at least
two-wheelers, the road has been blocked. The arbitrary
action of the 5th respondent offends the fundamental right of
the petitioners and others under Article 19, contended the
counsel for the petitioners.
W.P.(C) No.224/2022
4. The 5th respondent contested the writ petition,
filing a Statement dated 08.02.2022. The 5 th respondent
stated that before commencement of construction activities,
a meeting was conducted at site along with Local, Revenue
authorities of Guruvayur, District Administrative Authorities,
other local bodies, and Police Department on 31.07.2021 for
the diversion of road traffic. Based on the traffic diversion
plan submitted by the 5th respondent, the District Collector
has given permission for closing the level cross.
5. In continuation to the implementation of traffic
diversion plan, a meeting was conducted by the MLA of
Guruvayur Constituency with authorities on 04.11.2021.
Accordingly, the traffic diversion was approved and the same
has been implemented on 03.12.2021 after giving proper
awareness to the public through local media. Since the
alignment was fixed along the centreline of existing road, the
KWA, KSEB, BSNL, etc. cables are to be shifted to the
extreme edge. The shifting of KWA pipelines to the service
road portion is under progress. Once the pile cap works and
W.P.(C) No.224/2022
utility shifting are completed, the service road will be made
accessible. These works are expected to be completed by
last week of April, 2022. The Project Management
Consultant M/s. RITES has explored the possibilities to
provide path for two/three wheelers. Due to the space
constraints within the ROW, providing motor vehicles access
is not safe for the time being. However, a pedestrian path of
1.5 width will be ensured on both sides.
6. I have heard the counsel for the petitioner and the
Standing Counsel for the 5th respondent.
7. It emerges from the pleading and submissions on
either side that the Bridge being constructed has 7.5 metre
carriage way width and 1.5 metre footpath on either side.
Only a four metre service road is provided on either side of
the railway overbridge, including a drain of one metre width.
Originally, in the DPR, the bridge was proposed to be
constructed using concrete structures for the approach
portion and steel composite structure for the bridge portion.
Later, in order to reduce the time of construction, it was
W.P.(C) No.224/2022
decided to adopt steel concrete composite structure for the
approach portion also.
8. The Statement filed by the 5th respondent would
also disclose that the decision to regulate the traffic during
the construction work, was taken on the basis of a meeting
conducted at Site by the Local Self Government authorities,
the Revenue authorities, representatives of the District
Administration and the Police Department. The District
Collector and MLA of Guruvayur Assembly Constituency
were also part of the decision making process. This Court
has no reason to believe that the authorities took the
decision oblivious of the temporary problems that may be
faced by the local shop owners and the public.
9. When development activities like road
construction, bridge construction, etc. take place, citizens will
have to face inconvenience for a temporary period. As long
as the inconvenience does not amount to absolute
prohibition of right to travel or business, the action of the
authorities cannot be accused of violating rights of citizen. In
W.P.(C) No.224/2022
the present writ petition, the learned Standing Counsel
submitted that Electric Posts, BSNL lines and Water lines in
the area are shifted by now, and the present blockade will be
lifted by 30.04.2022 and the entire work of Railway
Overbridge construction is scheduled to be completed by
03.09.2022.
In the circumstances, this Court finds no
circumstances warranting any directions by this Court. The
writ petition is therefore disposed of recording the
submissions made on behalf of the 5th respondent.
Sd/-
N. NAGARESH, JUDGE
aks/14.02.2022
W.P.(C) No.224/2022
APPENDIX
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPIES OF PHOTOGRAPHS SHOWING
SOME OF THE BUILDING IN THE LOCALITY
Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED
07-12-2021 ALONG WITH THE
ACKNOWLEDGEMENT CARD DATED 10-12-2021
Exhibit P3 TRUE COPY OF THE AD CARD SHOWING THE
RECEIPT BY 2ND RESPONDENT
Exhibit P4 TRUE COPY OF THE AD CARD SHOWING THE
RECEIPT BY 3RD RESPONDENT
Exhibit P5 TRUE COPY OF THE AD CARD SHOWING THE
RECEIPT BY 4TH RESPONDENT
