Muhammed Shafi vs Ministry Of Road Transport And Highways
2024 Latest Caselaw 30475 Ker

Kerala High Court

Muhammed Shafi vs Ministry Of Road Transport And Highways on 25 October, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                        2024:KER:79609

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                   THE HONOURABLE MR.JUSTICE V.G.ARUN

     FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946

                        WP(C) NO. 33103 OF 2024

PETITIONER/S:

          MUHAMMED SHAFI
          AGED 54 YEARS
          S/O.MOIDEEN HAJI CONVENOR, EDARIKODEGRAMA PANCHAYAT,
          ELAPPARAMBU POURASAMITHI, NOW RESIDING AT KANNADAN
          HOUSE, EDARIKODE.P.O, MALAPPURAM DISTRICT - 676 501.


          BY ADVS.
          G.HARIHARAN
          PRAVEEN.H.
          K.S.SMITHA
          B.R.SINDU
          V.R.SANJEEV KUMAR
          V.ROHITH
          AFNA V.P.




RESPONDENT/S:

    1     MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
          GOVERNMENT OF INDIA, SANSAD MARG, NEW DELHI,
          REPRESENTED BY ITS PRINCIPAL SECRETARY, PIN - 110001.

    2     COMPETENT AUTHORITY & DEPUTY COLLECTOR [LAND
          ACQUISITION-NH],
          OFFICE OF THE DEPUTY COLLECTOR, LAND ACQUISITION,
          THAZHEKOZHICHENA, MALAPPURAM DISTRICT, PIN - 676508.

    3     THE SPECIAL TAHSILDAR [LAND ACQUISITION][NH],
          LAND ACQUISITION UNIT NO.1, TIRURANGADI, MALAPPURAM
          DISTRICT, PIN - 676306.

    4     NATIONAL HIGHWAY AUTHORITY OF INDIA,
          VII/511 B, NEITHELI -MAVELIPURAM ROAD, MAVELIPURAM,
          KAKKANAD REPRESENTED BY ITS DIRECTOR., PIN - 682030.
                                                       2024:KER:79609
WP(C) NO. 33103 OF 2024           2

     5      PROJECT DIRECTOR
            NATIONAL HIGHWAY AUTHORITY OF INDIA, VII/511 B,
            NEITHELI -MAVELIPURAM ROAD, MAVELIPURAM, KAKKANAD,
            PIN - 682030.

     6      DISTRICT COLLECTOR
            CIVIL STATION, MALAPPURAM DISTRICT, PIN - 676505.

     7      STATE OF KERALA
            REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT.,
            PUBLIC WORKS DEPARTMENT, ROADS & BRIDGES, SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695001.



            SMT. DEEPA NARAYANAN, SR. GP.
            SRI.T.C. KRISHNA, DSGI IN CHARGE
            SRI. B.G. BIDAN CHANDRAN, SC FOR NHAI.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                            2024:KER:79609
WP(C) NO. 33103 OF 2024                3




                               JUDGMENT

The petitioner along with the local people in Edarikode

in Malappuram District has submitted Ext.P2 representation

before the 5th respondent making certain suggestions with respect

to the ongoing construction of National Highway through their

area. The limited relief sought in this writ petition is for a

direction to the 5th respondent to consider the representation.

The writ petition is accordingly disposed of directing

the 5th respondent to consider Ext.P2 and take appropriate

decision thereon expeditiously.

Sd/-

V.G.ARUN JUDGE Sru 2024:KER:79609

APPENDIX OF WP(C) 33103/2024

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE NOTIFICATION NO.

355/2021/TG1 888 (142) DATED 04.03.2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P2 A TRUE COPY OF THE REPRESENTATION DATED 06.07.2023 FILED BY THE PEOPLE IN THE LOCALITY INCLUDING THE PETITIONER ADDRESSED TO THE 5TH RESPONDENT.

Exhibit P3 A TRUE COPY OF THE JUDGMENT MADE IN W.P.(C) NO.41444/2022 DATED 30.05.2023 BY THIS HON'BLE COURT.