Kerala High Court
C.P.Ajithkumar vs State Of Kerala on 3 February, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Friday, the 3rd day of February 2023 / 14th Magha, 1944
WP(C) NO. 32680 OF 2008
PETITIONERS:
1. C.P.AJITHKUMAR, PROPRIETOR, SUBURBAN TRAVELS, MAMANGALAM,
COCHIN-24,(PRESIDENT, TRAVEL, OPERATORS ASSOCIATION OF KERALA).
2. KERALA MERCHANTS UNION (FORMERLY ERNAKULAM MERCHANTS UNION),
MERCHANTS UNION BUILDING, MERCHANTS UNION ROAD, COCHIN-11,
REPRESENTED BY ITS GENERAL SECRETARY.
BY ADVOCATE SRI.TOM K.THOMAS
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, PUBLIC
WORKS DEPARTMENT, (ROADS), GOVT.SECRETARIAT, TRIVANDRUM.
2. THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVT.SECRETARIAT,
TRIVANDRUM.
3. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS), TRIVANDRUM.
4. CORPORATION OF COCHIN, REPRESENTED BY ITS SECRETARY, BOAT JETTY,
ERNAKULAM.
5. GREATER COCHIN DEVELOPMENT AUTHORITY, KADAVANTHARA, ERNAKULAM,
COCHIN-20, REPRESENTED BY ITS SECRETARY.
ADDITIONAL R6 AND R7
6. THE CHIEF ENGINEER, (NATIONAL HIGHWAYS), TRIVANDRUM-695033.
7. THE REGIONAL OFFICER, NATIONAL HIGHWAY AUTHORITY OF INDIA, OFFICE OF
THE CHIEF ENGINEER, (NATIONAL HIGHWAYS), TRIVANDRUM-695033. (ADDDL.
R6 AND R7 ARE IMPLEADED AS PER ORDER DATED 28.11.2088 IN
IA.15338/2008).
ADDITIONAL R8 AND R9
8. THE PROJECT DIRECTOR, PROJECT IMPLEMENTATION UNIT COCHIN, NATIONAL
HIGHWAY AUTHORITY OF INDIA, MANGALYA VAIDHYA MADOM, VYTILA,
ERNAKULAM.
9. THE PROJECT DIRECTOR, PROJECT IMPLEMENTATION UNIT PALAKKAD, NATIONAL
HIGHWAY AUTHORITY OF INDIA, ARMUGHAM COLONY, CHANDRA NAGAR,
PALAKKAD. (ADDL.R8 AND R9 ARE IMPLEADED AS PER ORDER DATED
17.12.2008 IN I.A.16206/2008 IN WP(C) 32680/2008)
ADDITIONAL R10
10. UNION OF INDIA, REP. BY SECRETARY TO GOVERNMENT, MINISTRY OF SURFACE
TRANSPORT, CENTRAL SECRETARIAT, NEW DELHI. (ADDL.R10 IS IMPLEADED AS
PER ORDER DATED 30.03.2009 IN I.A.4647/2009 IN WP(C)32680/2008)
ADDITIONAL R11
11. CENTRE FOR CONSUMER EDUCATION, MARKET ROAD, PALAI, REPRESENTED BY
ITS MANAGING TRUSTEE DEJO KAPPAN, AGED 54, S/O.LATE K.C.JOSEPH,
RESIDING AT 17 A, PRESIDENCY HOMES, KALOOR, ERNAKULAM. (ADDL.R11 IS
IMPLEADED AS PER ORDER DATED 12.10.2011 IN IA.15616/2011.)
ADDITIONAL R12 AND R13
12. KERALA GOVERNMENT CONTRACTORS ASSOCIATION, HEAD OFFICE SREEKUMAR
BUILDING, IRON BRIDGES.P.O., ALAPPUZHA-688001, REPRESENTED BY ITS
PRESIDENT VARGHESE KANNAMPALLY-688001.
13. P.R.ASHOKUMAR, RAMAPRIYA, PARAYAKADU.P.O., CHERTHALA, ALAPPUZHA
DISTRICT-688001. (ADDL.R12 AND R13 ARE IMPLEADED AS PER ORDER DATED
18.10.2011 IN I.A.15475/2011.)
ADDITIONAL R14
14. THE DISTRICT COLLECTOR, ERNAKULAM. (IS SUO MOTU IMPLEADED AS
ADDITIONAL R14 AS PER ORDER DATED 11.10.2019 IN WPC.)
ADDITIONAL R15
15. THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA,
ERNAKULAM(IS SUO MOTU IMPLEADED AS ADDL. R15 AS PER ORDER DATED
17.12.2021 IN WP(C) 32680/2008.)
ADDITIONAL R16
16. THE COMMISSIONER OF POLICE, KOCHI. (IS SUO MOTU IMPLEADED AS
ADDL.R16 AS PER ORDER DATED 14-01-2022 IN WP(C) 32680/2008).
ADDITIONAL R17
17. COCHIN SMART MISSION LIMITED, 4TH FLOOR, JLN STADIUM METRO STATION,
KALOOR, KOCHI- 682017 (IS SUO MOTU IMPLEADED AS ADDITIONAL R17 AS
PER ORDER DATED 01.08.2022 IN WP(C) 32680/2008.)
ADDITIONAL R18
18. REGIONAL OFFICER, NHAI, THIRUVANANTHAPURAM (IS SUO MOTU IMPLEADED AS
ADDITIONAL R18 AS PER ORDER DATED 08/08/2022 IN WP(C) 32680/2008.)
ADDITIONAL R19
19. THE TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, 2ND FLOOR,
TRANS TOWER, C.V.RAMAN PILLAI ROAD, DPT, VAZHUTHACAUD,
THIRUVANANTHAPURAM, KERALA- 695014(IS SUO MOTU IMPLEADED AS
ADDITIONAL R19 AS PER ORDER DATED 06.10.2022 IN WP(C) 32680/2008.)
ADDITIONAL R20
20. JAMSHEED HAFIZ, S/O. MOOSAKUTTY, AGED 39 YEARS, NEETHINILAYAM,
TIRUR, MALAPPURAM DISTRICT, PIN- 676104, PRESENTLY RESIDING AT FLAT
NO.B2, FIRST FLOOR, K.N.ARACADE, PHASE -II, KELAMANGALATH CROSS
ROAD, SRM ROAD, ERNAKULAM 18
IS IMPLEADED AS ADDL. R20 AS PER ORDER DATED 28.10.2022 IN
I.A.2/2022.
ADDITIONAL R21
21. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE SECRETARY,
VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM 695004 IS SUO MOTU
IMPLEADED AS ADDL. R21 AS PER ORDER DATED 10.11.2022 IN WP(C)
32680/2008 (IS SUO MOTU IMPLEADED AS ADDL. R21 AS PER ORDER DATED
10.11.2022 IN WP(C) 32680/2008)
BY SRI.K.V.MANOJ KUMAR, SENIOR GOVERNMENT PLEADER FOR R1 TO R3, R14
AND R16.
BY SRI..K.JANARDHANA SHENOY, STANDING COUNSEL FOR R4.
BY SRI.M.K.THANKAPPAN, ADVOCATE FOR R5.
BY SRI.SEBASTIAN THOMAS, ADVOCATE FOR R6 AND R7.
BY SRI.THOMAS ANTONY, ADVOCATE FOR R8 AND R9.
BY SRI.S.KRISHNAMOORTHY, CENTRAL GOVERNMENT COUNSEL FOR R10.
BY SRI.JOHNSON MANAYANI, ADVOCATE FOR R11.
BY SRI.JOMY GEORGE, ADVOCATE FOR R12 AND R13.
BY SMT.M.U.VIJAYALAKSHMI, STANDING COUNSEL FOR CSML, ADDL.R17.
BY SRI.BIDAN CHANDRAN, STANDING COUNSEL FOR ADDL.R18.
BY SRI.MATHEWS K.PHILIP, STANDING COUNSEL FOR NHAI.
BY M/S.S.KRISHNA, P.DEEPAK AND VINOD BHAT, AMICI CURIAE
BY SRI.C.S.MANU, DEPUTY SOLICITOR GENERAL OF INDIA.
BY SRI.K.ARUNKUMAR, STANDING COUNSEL FOR ADDL.R21.
This Writ Petition (Civil) having coming up for orders on
03.02.2023, upon perusing this Court's judgment dated 18.10.2019 and
order dated 20.01.2023, the Court on the same day passed the following.
P.T.O
DEVAN RAMACHANDRAN, J
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W.P(C)Nos.32680 of 2008
&
34310 of 2019
------------------------------------------
Dated this the 3rd day of February, 2023
ORDER
Read order dated 20.01.2023.
Except the Deputy Commissioner of Police, no other
officers filed report.
List this case on 09.02.2023; within which time if the
reports are not on record and the action as ordered is not
completed, the concerned officials shall remain present before
this Court for personal interaction.
List these cases on 09.02.2023 at 1.45 p.m.
Sd/-
DEVAN RAMACHANDRAN,
JUDGE
MC
03-02-2023 /True Copy/ Assistant Registrar
