Basheer K K vs National Highway Authority Of ...
2022 Latest Caselaw 8001 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
                     WP(C) NO. 7499 OF 2022
PETITIONERS
    1     BASHEER K K, AGED 59 YEARS
          S/O. KUNJUMUHAMUD, KOCHIKARAN VADAKKE VEETTIL,
          MADAVANA P.O, THRISSUR DISTRICT, PIN 680 666.
    2       AMANU RAHMAN P.B, AGED 48 YEARS
            S/O. BADARUDEEN, PUTHIYASSERI HOUSE,
            LOKHAMALLESWARAM, THRISSUR, PIN 680 374.
            BY ADV P.V.JEEVESH

RESPONDENTS
    1     NATIONAL HIGHWAY AUTHORITY OF INDIA,
          REP. BY ITS CHAIRMAN, GG & 6 SECTOR 10, DWARAKA,
          NEW DELHI 110 075.
    2       THE SPECIAL THAHASILDHAR (LA)
            NH 66, UNIT 1, ERNAKULAM, NORTH PARAVOOR,
            ERNAKULAM DISTRICT-683 513
    3       THE CHITTATTUKARA GRAMA PANCHAYATH,
            REPRESENTED BY ITS SECRETARY, VADAKKEKAR P.O,
            THRISSUR DISTRICT, 683 522.
    4       THE SECRETARY, CHITTATTUKARA GRAMA PANCHAYATH,
            VADAKKEKARA P.O, THRISSUR DISTRICT-683 522
            BY ADVS.
            BABU KARUKAPADATH
            M.A.VAHEEDA BABU
            P.U.VINOD KUMAR
            ARYA RAGHUNATH
            VAISAKHI V.
            T.M.MUHAMMED MUSTHAQ
            AJWIN P LALSON
            KARUKAPADATH WAZIM BABU
            P.LAKSHMI

     THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION    ON   29.06.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C).7499/22
                                          2




                       P.V.KUNHIKRISHNAN, J.
                     ------------------------------
                        W.P.(C).7499 of 2022
                     -----------------------------
                      Dated : 29th June, 2022


                              JUDGMENT

1. The above writ petition is filed with the following prayers :

(i) Issue a writ of mandamus or any other writ directing the 3rd and 4th respondents to grant permit.

(ii) Issue a writ of mandamus or any other writ directing the 3rd and 4th respondents to consider and take decision on exhibit P3 representation (SIC).

2. Today when the matter cam up for consideration, the

learned counsel for the petitioner submits that the

petitioner will be satisfied if a direction is issued to the 4 th

respondent to consider and pass orders on Ext.P3.

3. In the light of the above submission, the writ petition can

be disposed of with a direction to the 4 th respondent to

consider Ext.P3 application for building permit.

4. Therefore, this writ petition is disposed of with the

following direction.

WP(C).7499/22

The 4th respondent is directed to consider Ext.P3

application and pass appropriate orders thereon, as

expeditiously as possible, at any rate, within one month

from the date of receipt of a copy of this judgment.

Sd/-

P.V.KUNHIKRISHNAN, Judge

Mrcs WP(C).7499/22

APPENDIX OF WP(C) 7499/2022

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE LETTER , DATED 30.07.2021 Exhibit P2 THE TRUE COPY OF THE CERTIFICATE DATED 14.9.2021, ISSUED BY THE 2ND RESPONDENT.

Exhibit P3 THE TRUE COPY OF THE REPRESENTATION DATED 15.9.2021.

Exhibit P4 THE TRUE COPY OF THE LETTER, DATED 20.10.2021 ISSUED BY THE 4TH RESPONDENT AS A REPLY TO THE EXHIBIT P3.