N.K. Sadik vs National Highway Authority Of ...
2022 Latest Caselaw 7175 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
        THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                        WP(C) NO. 10117 OF 2021
PETITIONER/S:

            N.K. SADIK
            AGED 47 YEARS
            S/O. MUHAMMED KOYA, PATHUMUNNI MAHAL, KONDOTTY P. O.,
            KOZHIKODE DISTRICT, PIN - 673638.
            BY ADVS.
            RAFEEK. V.K.
            SRI.U.M.HASSAN
            SMT.P.PARVATHY
            SHRI.MANAS P HAMEED


RESPONDENT/S:

    1       NATIONAL HIGHWAY AUTHORITY OF INDIA
            REPRESENTED BY ITS CHAIRMAN, G 5 AND 6, SECTOR 10,
            DWARKA, NEW DELHI - 110 075.
    2       PUBLIC WORKS DEPARTMENT
            REPRESENTED BY ITS SECRETARY TO GOVERNMENT, PUBLIC
            OFFICE COMPLEX, MUSEUM P. O., THIRUVANANTHAPURAM - 695
            033.
    3       EXECUTIVE ENGINEER
            PWD ROADS DIVISION, VAYAPPARAPADI, KACHERIPADI,
            MANJERI, MALAPPURAM - 676517.
    4       KONDOTTY MUNICIPALITY
            REPRESENTED BY ITS SECRETARY, KONDOTTY MUNICIPALITY
            OFFICE, KONDOTTY, MALAPPURAM - 673 638.
            BY ADV SHRI.K.A.JALEEL, SC, KONDOTTY MUNICIPALITY
OTHER PRESENT:

            GP AMMINIKUTTY K ; SC FOR NHAI B.G.BIDHAN CHANDRAN
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10117 OF 2021
                               2

                      JUDGMENT

Dated this the 23rd day of June, 2022

Petitioner claims to be the General Secretary of a

cultural organisation. It is submitted that the bus waiting

shelter was constructed by the public near the National

Highway 966 at Kondotty Town, Malappuram in the year

1964. As the shed became dilapidated over the years, it

was reconstructed in the year 1998 by the petitioner's

organisation. In January 2019, the waiting shed was

demolished by some miscreants. The petitioner intends to

re-construct the shed under official supervision. As the

Municipality is not granting sanction, the writ petition is

filed.

2. Learned Counsel for the petitioner pointed out

that the bus waiting shed is used by a large number of

commuters and the shed is not reconstructed, the public

will be put to difficulties.

3. Learned Government Pleader submitted that

Ext.P3 representation is dated 13.03.2021 and it will not WP(C) NO. 10117 OF 2021

be available in the records now. Hence, if the petitioner

files a fresh representation, that can be considered and an

appropriate decision taken.

4. Learned Counsel for the Municipality submitted

that the permission is to be granted by the Public Works

Department.

The Writ Petition is hence disposed of, directing the

petitioner to file a fresh representation seeking permission

for reconstructing the bus waiting shed. On such

representation being filed, appropriate decision shall be

taken by the second respondent within two months.

Sd/-

V.G.ARUN JUDGE RK WP(C) NO. 10117 OF 2021

APPENDIX OF WP(C) 10117/2021

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF REPRESENTATION DATED 01.03.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P2 TRUE COPY OF REPRESENTATION DATED 01.03.2021 SUBMITTED BY THE PETITIONER BEFORE THE HONOURABLE MINISTER FOR PUBLIC WORKS, KERALA.

EXHIBIT P3 TRUE COPY OF REPRESENTATION DATED 13.03.2021 SUBMITTED BEFORE THE 2ND RESPONDENT.