T.R.Pramila Prasad vs Union Of India
2023 Latest Caselaw 9773 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945
                   WP(C) NO. 29281 OF 2023
PETITIONERS:
    1     T.R.PRAMILA PRASAD
          AGED 55 YEARS, W/O.LATE NARAYANA
          RAMAKRISHNA PRASAD IYER, RESIDING AT
          PRATYUSHA, PARAMESH NAGAR, OLAVAKKODE,
          PALAKKAD, PIN - 678002
    2     M/S JASPER PHARMA
          4TH FLOOR, PREVENTIA HOUSE, NAKSHATRA LAYOUT,
          BEHIND POORNA PRAJNA SCHOOL, HENNUR ROAD,
          BANGALORE 560077 (EARLIER KNOWN AS M/S HERBOSURE)
          REPRESENTED BY ITS MANAGING PARTNER
          T.R.PRAMEELA PRASAD, W/O LATE NARAYANA
          RAMAKRISHNA PRASAD IYER, AGED 55,
          RESIDING AT PRATYUSHA, PARAMESH NAGAR,
          OLAVAKKODE, PALAKKAD, PIN - 678002
          BY ADVS.
          A.K.PREETHA
          A.K.PREETHA
          C.ANIL KUMAR
          RESHMA R.KRISHNAN
RESPONDENTS:
    1     UNION OF INDIA
          MINISTRY OF ROAD TRANSPORT & HIGHWAYS TRANSPORT
          BHAWAN, 1, PARLIAMENT STREET PARLIAMENT HOUSE
          P.O., NEW DELHI-110001, REPRESENTED BY ITS
          SECRETARY (RT&H), PIN - 110001
    2     PROJECT DIRECTOR
          PROJECT IMPLEMENTATION UNIT-COCHIN
          NATIONAL HIGHWAYS AUTHORITY OF INDIA,
          VII/511 -B, NEYTHELI - MAVELIPURAM ROAD,
          KAKKANAD P.O. - 682 030, EMAKULAM DISTRICT.
    3     PROJECT IMPLEMENTATION UNIT
          NATIONAL HIGHWAY AUTHORITY, PALAKKAD NATIONAL
          HIGHWAYS AUTHORITY OF INDIA NO. 8/1187,
          ARUMUGHAN COLONY, CHANDRANAGAR P.O., PIN - 678007
          REPRESENTED BY ITS PROJECT DIRECTOR.
    4     NATIONAL HIGHWAY AUTHORITY
          OFF: G5 & 6, SECTOR 10,
          DWARAKA P.O., NEW DELHI, PIN - 110075
          REPRESENTED BY ITS CHAIRMAN.
          BY ADV. SMT.MINI GOPINATH - CGC.
 W.P.(C).No. 29281 of 2023
                                           :2:



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   13.09.2023,            THE   COURT   ON     THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C).No. 29281 of 2023
                                   :3:


                      DEVAN RAMACHANDRAN, J.
                 =========================
                       W.P.(C).No. 29281 of 2023
                ==========================
               Dated this the 13th day of September, 2023

                             JUDGMENT

The petitioners allege that, on account of the construction of the

Highway and the Service Road adjunct to it, the right of access to

their property has been fully obstructed. They say that, therefore,

they have preferred Ext.P8 application before the respondents; and

seek that they be directed to accede to the request therein, leading to

a proper access being offered to their property.

2. The afore submissions of the petitioners, as made by their

learned counsel - Smt.A.K.Preetha, were answered by Smt.Mini

Gopinath - learned Central Government Counsel, saying that if Ext.P8

application of the petitioners is still pending, same can certainly be

considered by the competent Authority of the National Highway and

that necessary access will be provided, as found requisite.

Taking note of the afore and recording the submissions of

Smt.Mini Gopinath, I dispose of this writ petition and direct the

competent among respondents to take up Ext.P8 application of the

petitioners and dispose of the same, after affording them an

opportunity of being heard; thus offering them necessary access to

their property from the Service Road or the Highway - as the case

may be, subject to all other requirements and conditions being W.P.(C).No. 29281 of 2023

satisfied. The resultant order and necessary action thereon, shall be

issued and completed as expeditiously as is possible, but not later

than one month from the date of receipt of a copy of this judgment

Until the afore exercise is completed, minimum motorable

access to the petitioners' property from the Service Road or the

National Highway - as the case may be, will be maintained by the

National Highway.

Sd/-

DEVAN RAMACHANDRAN JUDGE anm W.P.(C).No. 29281 of 2023

APPENDIX OF WP(C) 29281/2023 PETITIONERS' EXHIBITS Exhibit P-1 TRUE COPY OF THE PARTNERSHIP DEED ENTERED INTO BETWEEN THE PARTNERS OF THE 2ND PETITIONER FIRM DATED 1.3.2023 Exhibit P-2 TRUE COPY OF BASIC TAX RECEIPT IN RESPECT OF THE 1ST PETITIONER FOR THE YEAR 2022

-2023 DATED 14.9.2022 Exhibit P-3 TRUE COPY OF THE BASIC LAND TAX RECEIPT IN RESPECT OF THE 2ND PETITIONER FOR THE YEAR 2022-2023 DATED 14.09.2022 Exhibit P-4 TRUE COPY OF THE LOCATION SKETCH OF THE PROPERTY OF THE 2ND PETITIONER Exhibit P-5 TRUE COPIES OF THE PHOTOGRAPHS TO DEMONSTRATE THE LIE OF THE PETITIONERS' PROPERTIES AND THE NEWLY FORMED HIGHWAY, SERVICE ROADS AND THE REMAINING APPURTENANT LAND BETWEEN THE PETITIONERS' PROPERTY AND THE SERVICE ROAD Exhibit P-6 TRUE COPY OF APPLICATION SUBMITTED BY COMETS CIVIL CONSULTANTS NA DATED 17.4.2023 WHICH IS PENDING BEFORE THE 1ST RESPONDENT Exhibit P-7 TRUE COPY OF LETTER ISSUED BY THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS TO THE 4TH RESPONDENT DATED 14.2.2014 Exhibit P-8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS TO THE 2ND, 3RD AND 4TH RESPONDENTS DATED 5.5.2023