Kerala High Court
Daisy George Payappan vs State Of Kerala on 28 June, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 12774 OF 2018 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
WP(C) NO. 12774 OF 2018
PETITIONER/S:
DAISY GEORGE PAYAPPAN
AGED 50 YEARS
MEMBER, WARD NO.VI, PANANCHERY GRAMA
PANCHAYATH,THRISSUR DISTRICT, PIN- 680652,RESIDING
AT PAYAPPAN HOUSE, PATTIKADU PO,THRISSUR DISTRICT,
PIN- 680652.
BY ADVS.
SRI.C.A.ANOOP
SMT.C.K.REMANY
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, PUBLIC WORKS(D)
DEPARTMENT,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THRISSUR EXPRESS HIGHWAY PVT.LTD
REGISTERED AT MCH NO.555, ARUVA COLONY,ROAD NO.3,
BENJUARA HILLS, HYDREABAD,PIN-500034.PROJECT OFFICE
AT NH-47, BEHIND APPOLO TYRES,PERAMBRA PO,
CHALAKKUDY, THRISSUR -680689,REP. BY AUTHORIZED
SIGNATORY, MR. B.V BALAKRISHNA RAO,PROJECT
DIRECTOR, M/S THRISSUR EXPRESS WAY PVT.LTD.
WP(C) NO. 12774 OF 2018 2
3 PROJECT MANAGER
NATIONAL HIGWAY AUTHORITY OF INDIA,AMMAYAVUR
COLONY, CHANDRA NAGAR, PALAKKAD-678007.
4 NATIONAL HIGWAY AUTHORITY OF INDIA
REP. BY ITS PROJECT DIRECTOR IN CHARGE OF NH-
47THRISSUR DISTRICT- 680001, KERALA.
5 THE SECRETARY
DEPARTMENT OF FOREST, STATE OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
6 THE PRINCIPAL CHIEF CONSERVATOR OF FOREST
VANALAKSHMI, 1ST FLOOR, FOREST
HEADQUARTERS,VAZHUTHAKKAD, THIRUVANANTHAPURAM-
695014.
7 DISTRICT COLLECTOR
THRISSUR DISTRICT- 680001.
8 SECRETARY
PANANCHERRY PANCHAYATH, THRISSUR DISTRICT-680652.
9 SECRETARY
PEECHI PANCHAYATH, THRISSUR DISTRICT- 680653.
BY ADVS.
GOVERNMENT PLEADER, SRI.SANGEETH.C.U
SRI.E.C.KURIAKOSE, SC , NHAI
OTHER PRESENT:
SRI.T.P.SAJAN, SPL.GP(FOREST), SRI.SANGEETH.C.U, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 12774 OF 2018 3
P.V.KUNHIKRISHNAN, J
--------------------------------------
W.P.(C.) No. 12774 of 2018
--------------------------------------
Dated this the 28th day of June, 2024
JUDGMENT
The above writ petition is filed with following prayers :
"(i) To issue a writ in the nature of mandamus or any other
appropriate writ, order or direction directing the respondent
Nos. 2,3 and 4 not to close the existing portion of the
National Highway at Kuthiran Hills between Mannuthy-
Wadakkenchery.
(ii) To issue a writ order or direction which this Hon'ble
Court deem fit and proper to the facts and circumstances of
this case." [sic]
2. This writ petition is pending before this Court from
2018 onwards. The main prayer is to issue direction to
respondent Nos. 2, 3 and 4 not to close the existing portion of
the National Highway at Kuthiran Hills between Mannuthy-
Wadakkencherry. The National Highway Authorities
submitted that the road is already open and there is no
grievance in existence. If that is the case, nothing survives in
this case. If there is any fresh cause of action, the same is left
open.
With the above observation, this writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 12774/2018
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE REPRESENTATION.
EXHIBIT P1(A) A TRUE COPY OF RECEIPT.
EXHIBIT P2 A TRUE COPY OF A PAPER REPORT IN
MATHRUBHUMI DAILY DATED 09.03.2018.
