Kerala High Court
Shree Kulanellur Devaswom vs Union Of India on 6 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
WP(C) NO. 33574 OF 2022
PETITIONER:
SHREE KULANELLUR DEVASWOM
REPRESENTED BY ITS MANAGING TRUSTEE,
K.M ANUJAN, KULANELLUR SANKARANARAYANA TEMPLE,
KULANALLUR, ELANKUR P.O, MALAPPURAM,
PIN - 676122 RESIDING AT KAVUNGAL MANA,
ELANKUR P.O., MALAPPURAM, PIN-676122.
BY ADV T.H.ARAVIND
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, PARIVAHAN
BHAVAN, I, PARLIAMENT STREET, NEW DELHI - 110001.
2 THE PROJECT DIRECTOR
PROJECT IMPLEMENTATION UNIT PALAKKAD,
NATIONAL HIGHWAY AUTHORITY OF INDIA, ARMUGHAM COLONY,
CHANDRA NAGAR, PALAKKAD - 678007.
3 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
PUBLIC WORKS (D) DEPARTMENT, GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM - 695001.
4 THE DISTRICT COLLECTOR
COLLECTORATE, COLLECTRATE RD, UP HILL, MALAPPURAM,
KERALA - 676505.
5 THE SPECIAL DEPUTY COLLECTOR LA (NH)
OFFICE OF DEPUTY COLLECTOR,
VALAKULAM MALAPPURAM - 676508.
BY ADVS.
MANU S. DSG OF INDIA
N.J.ASHWIN, CGC
WP(C) NO. 33574 OF 2022
2
SRI. BIMAL K. NATH, SR.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 33574 OF 2022
3
T.R. RAVI, J.
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W.P.(C) No.33574 of 2022
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Dated this the 06th day of January, 2023
JUDGMENT
The writ petition has been filed challenging the
alignment of the Kozhikode-Palakkad Greenfield Highway.
2. A counter affidavit has been filed by respondents 1
and 2 contending that this Court cannot in exercise of
extraordinary jurisdiction under Article 226 of the
Constitution interfere with the alignment made with regard to
the development of a Highway. The Hon'ble Supreme Court
has in G.Narsing Rao vs the NHAI and other [Special
Leave Appeal Nos.9314-9315/2022] held that the court cannot
decide on the question of alignment and where the property is
acquired for the purpose of development of the National
Highway, it is the National Highway Authority which is the
best judge to decide the land which is to be acquired for the
purpose of construction of the Highways.
In view of the categoric statement of law, this Court will
not be justified in entertaining the writ petition for a decision
WP(C) NO. 33574 OF 2022
on merits. The writ petition is closed without prejudice to the
right of the petitioner to approach the 2nd respondent with an
appropriate application seeking the relief of change of
alignment.
Sd/-
T.R.RAVI
JUDGE
mpm
WP(C) NO. 33574 OF 2022
APPENDIX OF WP(C) 33574/2022
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE RELEVANT PAGES OF
THE NOTIFICATION DATED 06.01.2022 ISSUED
BY THE SECOND RESPONDENT.
Exhibit P2 THE TRUE COPY OF THE OBJECTION DATED
18.06.2022 SUBMITTED BY THE PETITIONER
BEFORE THE 5TH RESPONDENT.
Exhibit P3 THE TRUE COPY OF THE NOTICE DATED
13.06.2022 ISSUED TO THE PETITIONER BY
THE 5TH RESPONDENT.
Exhibit P4 THE TRUE COPY OF THE LETTER ISSUED BY
DR.E.SREEDHARAN TO THE REGIONAL OFFICER,
NHAI.
Exhibit P5 A TRUE COPY OF THE OBJECTION FILED BY THE
PETITIONER BEFORE THE 5TH RESPONDENT.
RESPONDENTS' EXHIBITS
Exhibit R2(A) TRUE COPY OF THE GOOGLE EARTH IMAGE OF
BOUNDARIES FIXED AS PER 3B NOTIFICATION.
