Saju Scaria vs National Highway Authority Munnar
2023 Latest Caselaw 12879 Ker

Kerala High Court

Saju Scaria vs National Highway Authority Munnar on 8 December, 2023

Author: Murali Purushothaman

Bench: Murali Purushothaman

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945
                      RP NO. 1226 OF 2023
 AGAINST THE ORDER/JUDGMENT WP(C) 5529/2023 OF HIGH COURT OF
                             KERALA
REVIEW PETITIONER/:

          SAJU SCARIA
          AGED 71 YEARS
          S/O. SCARIA, MYALILPUTHENPURAYIL HOUSE,
          PULINTHANAM KARA, ENANALLOOR VILLAGE, MUVATTUPUZHA
          TALUK, ERNAKULAM DISTRICT, PIN - 686673
          BY ADV PAUL K.VARGHESE


RESPONDENTS:

    1     NATIONAL HIGHWAY AUTHORITY MUNNAR
          REPRESENTED BY ITS PROJECT DIRECTOR, HAS AN OFFICE
          AT THE OFFICE OF THE ASSISTANT ENGINEER, PUBLIC
          WORKS DEPARTMENT, N.H. SECTION, MUNNAR, PIN -
          685602
    2     THE DISTRICT COLLECTOR
          IDUKKI DISTRICT, KUYILIMALA, IDUKKI, PIN - 685603
    3     THE ASSISTANT ENGINEER
          NATIONAL HIGHWAY AUTHORITY MUNNAR, PUBLIC WORKS
          DEPARTMENT, N.H. SECTION, MUNNAR, PIN - 685602
    4     THE EXECUTIVE ENGINEER
          N.H. DIVISION, MUVATTUPUZHA, ERNAKULAM DISTRICT,
          PIN - 686661
    5     THE PROJECT DIRECTOR
          PROJECT IMPLEADING UNIT, NATIONAL HIGHWAYS
          AUTHORITY OF INDIA, COCHIN, PIN - 682030
          BY ADV SRI.LEJO JOSEPH GEORGE, STANDING COUNSEL
          SMT. DEEPA V. - GP


  THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 08.12.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 R.P No. 1226 of 2023
                                  2

               MURALI PURUSHOTHAMAN, J.
             ---------------------------------------------
                     R.P No. 1226 of 2023
         -------------------------------------------------
          Dated this the 8th day of December, 2023

                          ORDER

This Review Petition arises out of Judgment of this

Court dated 16.10.2023 in W.P.(c) No. 5529 of 2023.

It is submitted by the learned counsel for the

petitioner as well as the learned standing counsel for

the National Highway Authority of India that, the

executing authority in respect of the subject road is

the 4th respondent, Executive Engineer, N.H. Division,

Muvattupuzha, Ernakulam District. Therefore, the

provisions of Section 28 of the Control of National

Highways (Land & Traffic) Act, 2002 will not apply. I

am convinced that there is an error apparent on the

face of record in the judgment sought to be reviewed.

Accordingly, Review Petition is allowed. The judgment

dated 16.10.2023 is recalled. W.P.(c) No. 5529 of 2023

is restored to the file.

Sd/-

                           MURALI PURUSHOTHAMAN
bnu                                 JUDGE



                          APPENDIX

PETITIONER'S ANNEXURES
Annexure 1         TRUE COPY OF THE FORM FOR A LICENSE FOR
                   ACCESS TO THE HIGHWAY.