Kerala High Court
Prasad G vs The Manaing Director on 15 November, 2024
2024:KER:86153
1
WP(C) No.28548 of 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
FRIDAY, THE 15TH DAY OF NOVEMBER 2024 / 24TH KARTHIKA,
1946
WP(C) NO. 28548 OF 2021
PETITIONER:
PRASAD G.,AGED 40 YEARS
S/O. GOPALA KRISHNA PILLAI, PADUTHOTTIL HOUSE,
EAST DESOM, DESOM P.O., ALUVA, ERNAKULAM
DISTRICT 683 102.
BY ADVS.
KURIAN ANTONY EDASSERY
ANN EMIL JOSEPH
BOSE K.THACHIL
RESPONDENTS:
1 THE MANAGING DIRECTOR,
ROADS AND BRIDGES DEVELOPMENT, CORPORATION OF
KERALA LTD., 2ND FLOOR, PREETHI BUILDING, M.V.
ROAD, PALARIVATTOM, KOCHI 682 025.
2 THE DIVISIONAL RAILWAY MANAGER,
(WORKS), SOUTHERN RAILWAY, THIRUVANANTHAPURAM
14.
3 THE GENERAL MANAGER,
KIFB, 2ND FLOOR, FELICITY SQURE, M.G.ROAD,
STATUE JUNCTION, THIRUVANANTHAPURAM 695 001.
4 THE DISTRICT COLLECTOR,
CIVIL STATION, KAKKANAD, ERNAKULAM.682 030
5 THE SPECIAL TAHSILDAR (LA)
NH-2, ALUVA.- 683 101
2024:KER:86153
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WP(C) No.28548 of 2021
6 THE VILLAGE OFFICER,
CHENGAMANAD VILLAGE, ALUVA TALUK,
ERNAKULAM.683 101
BY ADVS.
SHRI.K.V.MANOJ KUMAR, SC, KERALA ROAD FUND
BOARD
G.MAHESWARY
S.CHANDRASEKHARAN NAIR
S.GOKUL BABU
RAJU GEORGE (KARUVATTA)
BALAMURALI K.P.
JEREES J.
AMALA.J.RAJ
OTHER PRESENT:
R4 TO 6 - SRI.RIYAL DEVASSY,GOVERNMENT PLEADER
R1 - SMT.RESHMITA R CHANDRAN,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2024:KER:86153
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WP(C) No.28548 of 2021
JUDGMENT
Dated this the 15th day of November, 2024
The writ petition is preferred being aggrieved by the
proposal of railway over bridge. It is the case of the
petitioner that the existing proposal is more expensive and
proposed for more economic and Eco-friendly project for the
construction of the railway over bridge and that shall be
conducted after the social and environmental impact survey.
2. When the matter is taken up today, the learned
counsel for the petitioner submitted that an interlocutory
application is filed to withdraw this writ petition. It is also
submitted that this Court may permit the petitioner to accept
the compensation, which is already ordered in the matter.
Only due to the pendency of this writ petition, the petitioner
is not in a position to accept the compensation, which is
awarded.
Accordingly, the permission granted and the writ
petition is dismissed as withdrawn.
sd/-
P.M.MANOJ
JUDGE
das
2024:KER:86153
APPENDIX OF WP(C) 28548/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE SETTLEMENT DEED
NO. 247/1/2018 CHENGAMANAD SUB
REGISTRY DATED 29/01/2018).
Exhibit P2 A TRUE COPY OF THE LAWYER NOTICE
ISSUED BY THE PETITIONER TO THE
RESPONDENTS, DATED 18/01/2020.
Exhibit P3 A TRUE COPY OF THE REPLY ISSUED BY
THE 4TH RESPONDENT TO THE LAWYER OF
THE PETITIONER ADV. BOSE K. THACHILA
DATED 21/05/2020.
Exhibit P4 A TRUE COPY OF THE REPORT OF THE 5TH
RESPONDENT SUBMITTED TO THE 4TH
RESPONDENT, APPENDED TO THE REPLY OF
THE 4TH RESPONDENT
Exhibit P5 A TRUE COPY OF THE REPLY ISSUED BY
THE 2ND RESPONDENT DATED 10.3.2020.
Exhibit P6 A TRUE COPY OF THE REPLY ISSUED BY
THE IST RESPONDENT DATED 15/02/2020.
Exhibit P7 A TRUE COPY OF THE LAWYER NOTICE
ISSUED BY THE PETITIONER TO THE
RESPONDENTS DATED 24/08/2021.
Exhibit P8 A TRUE COPY OF THE NOTICE ISSUED BY
THE 4TH RESPONDENT TO THE IST
RESPONDENT DATED 02.09.2021.
