Kerala High Court
Valsalakumari vs State Of Kerala Represented By The ... on 27 August, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:65747
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 27TH DAY OF AUGUST 2025 / 5TH BHADRA, 1947
WP(C) NO. 12882 OF 2024
PETITIONER:
ANIL KUMAR.V.N
AGED 52 YEARS
S/O NARAYANA PILLAI, ANU MANDIRAM,
ATTUVA, AYIRANIKUDY P.O.,
MAVELIKKARA, PIN - 690558
BY ADVS.
SRI.A.RANJITH NARAYANAN
SMT.A.SIMI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
PUBLIC WORKS DEPARTMENT,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE CHIEF ENGINEER (ROADS)
PUBLIC WORKS DEPARTMENT, PUBLIC OFFICE COMPLEX,
MUSEUM P.O, THIRUVANANTHAPURAM, PIN - 695033
3 THE CHIEF ENGINEER (BRIDGES)
PUBLIC WORKS DEPARTMENT, PUBLIC OFFICE COMPLEX,
MUSEUM P.O, THIRUVANANTHAPURAM,, PIN - 695033
4 THE DEPUTY CHIEF ENGINEER (BRIDGES)
PUBLIC WORKS DEPARTMENT, PUBLIC OFFICE COMPLEX,
MUSEUM P.O, THIRUVANANTHAPURAM, PIN - 695033
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5 THE SUPERINTENDING ENGINEER (BRIDGES)
PUBLIC WORKS DEPARTMENT SOUTH CIRCLE,
ALAPPUZHA, PIN - 688001
6 THE EXECUTIVE ENGINEER BRIDGES DIVISION
PUBLIC WORKS DEPARTMENT,
ALAPPUZHA, PIN - 688001
7 THE ASSISTANT EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT,
MANNAR, PIN - 689622
8 THE DISTRICT COLLECTOR
ALAPPUZHA, BESIDE ZILLA PANCHAYAT OFFICE,
CIVIL STATION WARD, ALAPPUZHA, PIN - 688001
BY SMT. ANIMA M., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 25.07.2025, ALONG WITH WP(C).13139/2024, THE
COURT ON 27.08.2025 DELIVERED THE FOLLOWING:
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W.P.(C) Nos.12882 & 13139 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 27TH DAY OF AUGUST 2025 / 5TH BHADRA, 1947
WP(C) NO. 13139 OF 2024
PETITIONERS:
1 VALSALAKUMARI
AGED 60 YEARS
LAKSHMI BHAVAN, ATTUVA, AIRANIKKUDY P.O.,
ALAPPUZHA DISTRICT, PIN - 690558
2 POURASAMITHY ATTUVA REPRESENTED BY THE
PRESIDENT
'MANASAM', ATTUVA, AIRANIKKUDY P.O.
REP. BY THE PRESIDENT, J. KRISHNA PRASAD,
AGED 48 YEARS, S/O K. K. JANARDHANAN NAIR,
PULICKAL, ATTUVA, AIRANIKKUDY P.O.,
ALAPPUZHA DISTRICT, PIN - 690558
BY ADVS.
SHRI.REJI MATHEW.M
SHRI.SABU K. VARGHESE
SHRI.MATHEW VARGHESE
SHRI.MATHEWS K. NELLUVELY
SHRI.N.SAJU THOMAS
SHRI.ABRAHAM.A
SHRI.JOEL REJI MATHEW
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY
PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KERALA,
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GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
2 CHIEF ENGINEER (ROADS)
PUBLIC WORKS DEPARTMENT, PUBLIC OFFICE COMPLEX,
MUSEUM P.O., THIRUVANANTHAPURAM,, PIN - 695033
3 THE CHIEF ENGINEER (BRIDGES)
PUBLIC WORKS DEPARTMENT, PUBLIC OFFICE COMPLEX,
MUSEUM P.O, THIRUVANANTHAPURAM,, PIN - 695033
4 THE DEPUTY CHEIF ENGINEER (BRIDGES)
PUBLIC WORKS DEPARTMENT, PUBLIC OFFICE COMPLEX,
MUSEUM P.O, THIRUVANANTHAPURAM, PIN - 695033
5 THE SUPERINTENDING ENGINEER (BRIDGES)
PUBLIC WORKS DEPARTMENT SOUTH CIRCLE,
ALAPPUZHA, PIN - 688001
6 THE EXECUTIVE ENGINEER (BRIDGES)
PUBLIC WORKS DEPARTMENT,
ALAPPUZHA, PIN - 688001
7 THE ASSISTANT EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT,
MANNAR, PIN - 689622
8 THE DISTRICT COLLECTOR
CIVIL STATION ALAPPUZHA,
ALAPPUZHA, PIN - 688001
BY SMT. ANIMA M., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 25.07.2025, ALONG WITH WP(C).12882/2024, THE
COURT ON 27.08.2025 DELIVERED THE FOLLOWING:
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W.P.(C) Nos.12882 & 13139 of 2024
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N. NAGARESH, J.
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W.P.(C) Nos.12882 and 13139 of 2024
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Dated this the 27th day of August, 2025
JUDGMENT
~~~~~~~~~
The petitioner in W.P.(C) No.12882/2024 is
a physically disabled citizen. He is aggrieved by the present
danger prone alignment of the approach road connecting the
new Sarangakkavu Kadavu Bridge across the Achankovil
river in a flood prone area to the AV mukku - Sarangakkavu
Kadavu Panchayat Road, which ends in front of the house of
the petitioner. The 1st petitioner in W.P.(C) No.13139/2024 is
a resident of Attuva Ward of Nooranadu Panchayat and the
2nd petitioner is Pourasamithy, Attuva.
2. The petitioners in W.P.(C) No.13139/2024
also seek formulation of new alignment and design for the
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W.P.(C) Nos.12882 & 13139 of 2024
approach road to the Sarangakkavu Bridge in the Attuva
Ward aligning with the direction of AV Junction on the PWD
Road. The parties and exhibits are referred to in this
judgment as they are described/marked in W.P.(C)
No.13139/2024.
3. The petitioners state that the location of the
Bridge was changed from the initially proposed place based
on some protests of people from the Venmony Panchayat,
the other side of the river, where Sarangakkavu Temple
exists. The new bridge is now built a few metres away from
the previously proposed site. The proposed approach road to
the Bridge on the petitioner's side joins a narrow PWD Road
having a width of hardly 8 metres.
4. Possibility of accidents in the present
alignment was pointed out by the expert committee report,
contend the petitioners. If the respondents proceed with the
present alignment of the approach road disregarding adverse
consequences of the present alignment, then it has to be
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presumed that respondents are acting with ulterior motive to
help certain persons. The petitioners therefore seek to
command the respondents not to proceed with the
construction in the present alignment and to command the
respondents to formulate a new alignment.
5. The 6th respondent-Executive Engineer
(Bridges) resisted the writ petitions. The 6th respondent
stated that when the initial alignment of the bridge was set out
on site by laying boundary stones, it was found that the
alignment was passing through the kavu portion of the
Sarangakavu Temple, which is a private forest area. There
were huge protests against destroying the kavu portion of the
Temple.
6. A meeting was convened by the MLA on
09.10.2020 in which PWD officials, elected representatives,
Temple Trust members and local people attended. In the
meeting, a land owner near the kavu agreed to give his land
and house for saving the kavu and constructing the new
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bridge. Thereafter, the proposed alignment of the bridge was
revised shifting almost 20 metres at Venmony side. This
shifting forced changes in alignment at Attuva side also.
7. The 6th respondent submitted that the house
of the petitioners are located on the sides of AV mukku -
Sarangakkavu road, diametrically opposite to the bellmouth of
the approach road. The house of the 1st petitioner in W.P.(C)
No.13139/2024 is located not exactly opposite to the
approach road. The house of the petitioner in W.P.(C)
No.12882/2024 is exactly opposite to the bellmouth of the
approach road. The said petitioner had earlier filed W.P.(C)
No.4277/2024 and it was withdrawn by the said petitioner.
The writ petitions are not maintainable.
8. I have heard the learned counsel for the
petitioners and the learned Government Pleader representing
the respondents.
9. The proposed Sarangakkavu Bridge is
connecting two lands having height difference of about 20
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metres. On the side of the petitioners, the approach road of
the Bridge joins a 8 metre wide road forming a T junction.
The concern of the petitioners is that vehicles coming fast
through the wide bridge and approach road may lose control
and accident may occur putting into peril the life and property
of those residents, whose houses are on the opposite side of
the bellmouth of the approach road. Ext.P3(a) photograph
would highlight the concern of the petitioners.
10. However, it is to be noted that the original
alignment of the bridge had to be changed due to public
protests and demand from legislators and local
representatives in order to protect the environment. The
original alignment would have adversely affected a private
forest area where a kavu is situated, which is the habitat of
large number of monkeys and wild birds. Therefore, the
bridge was shifted by about 20 metres on the Venmony side.
11. Consequently, necessary changes had to be
brought on the side of the petitioners also. According to the
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W.P.(C) Nos.12882 & 13139 of 2024
respondents, the so-called Pourasamithy, who is the 2nd
respondent in W.P.(C) No.13139/2024, did not raise any
objection regarding the alignment when the boundary stones
were laid in the year 2021. A social impact assessment study
and public hearing were conducted. There were no
objections. The Pourasamithy started protest against the
alignment only in the year 2024, months after completion of
bridge and retaining wall works. Reconsideration of
alignment of the bridge would require heavy financial
expenditure including cost of land acquisition. Even social
impact assessment study will have to be conducted again.
12. Considering the afore facts, this Court is of
the firm view that no interference can be made in the
construction of Sarangakkavu Bridge in Nooranad Panchayat
at this stage.
However, taking note of the concern
expressed by the petitioners, the writ petitions are disposed
of directing respondents 3 to 8 to address the concern of the
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W.P.(C) Nos.12882 & 13139 of 2024
petitioners and take all feasible safety measures including
speed barrier, metal barrier, reflectors and sign boards as
found necessary, so as to substantially reduce the chances of
any untoward accidents.
Sd/-
N. NAGARESH, JUDGE
aks/26.08.2025
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W.P.(C) Nos.12882 & 13139 of 2024
APPENDIX OF WP(C) 12882/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPIES OF THE TWO PHOTOGRAPHS
Exhibit P2 TRUE COPY OF A REPRESENTATION DATED
14/12/2023 SUBMITTED TO THE SECRETARY,
PUBLIC WORKS DEPARTMENT, GOVERNMENT OF
INDIA BY THE PETITIONER
Exhibit P3 TRUE COPY OF A REPRESENTATION DATED
16/12/2023 SUBMITTED TO THE HON'BLE
CHIEF MINISTER BY THE PETITIONER
Exhibit P4 TRUE COPY OF A POSTER DEPICTING THE
RELUCTANCE AND PROTEST FROM THE PUBLIC
IN THE REVISED ALIGNMENT OF THE SAID
APPROACH ROAD AND THE DANGER THAT MAY
FOLLOW
Exhibit P5 TRUE COPY OF THE REPORT DATED
19/05/2023 SUBMITTED BY THE SOCIAL
IMPACT STUDY EXPERT COMMITTEE WHICH IS
OBTAINED VIA RTI
Exhibit P6 TRUE COPY OF A ROUGH SKETCH SHOWING
THE BRIDGE, ROAD, FORMER AND PROPOSED
ALIGNMENT DATED NIL
Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED
14/06/2023 SUBMITTED BY THE PETITIONER
TO THE DISTRICT COLLECTOR
Exhibit P8 TRUE COPY OF THE JUDGMENT DATED
12/03/2024 IN W.P.C.NO.4277/2024
PASSED BY THIS HONOURABLE COURT
RESPONDENT'S EXHIBITS
Exhibit R4(b) True copy of the alignment prepared
after total station survey of the area
and approved by the chief engineer
shows the actual curves in the
alignment
Exhibit R4(a) True copy of the proceedings No.
DCALP/9532/2021-G4 dated 19/10/2023
Exhibit R4(c) True copy of the letter No.
CEPWD/2276/2021-AB2-BR dated 23/03/21
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APPENDIX OF WP(C) 13139/2024
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE REPORT DATED 19-
05-2023 OF THE EXPERT COMMITTEE
Exhibit P2 THE TRUE COPY OF LETTER NO.
D1/32/2024-PWD DATED 12-03-2024
ADDRESSED TO AN AGGRIEVED RESIDENT IN
THE CLOSE PROXIMITY OF THE BRIDGE
Exhibit P3(a) THE FIRST PHOTOGRAPH EVIDENCING THE
SHARP CURVE DIRECTED TOWARDS THE DEAD
END OF THE ROAD,
Exhibit P3(b) THE SECOND PHOTOGRAPH EVIDENCING THE
SHARP CURVE DIRECTED TOWARDS THE DEAD
END OF THE ROAD,
Exhibit P 3(c) THE THIRD PHOTOGRAPH EVIDENCING THE
SHARP CURVE DIRECTED TOWARDS THE DEAD
END OF THE ROAD,
Exhibit P 4 THE TRUE COPY OF THE NEWSPAPER REPORTS
REGARDING THE ANOMALOUS DESIGN AND
ALIGNMENT OF THE APPROACH ROAD
PUBLISHED IN MATHRUBHOOMI DAILY DATED
23-02-24
Exhibit P 5 THE TRUE COPY OF THE NEWSPAPER REPORTS
REGARDING THE ANOMALOUS DESIGN AND
ALIGNMENT OF THE APPROACH ROAD
PUBLISHED IN MALAYALA MANORAMA DAILY
DATED 02-03-2024
RESPONDENT'S EXHIBITS
Exhibit R6(a) True copy of the Judgment dated
Exhibit R6(c) True copy of the GO(Rt) No.
3533/2021/RD dated 20.10.2021
Exhibit R6(b) True copy of the letter no.
CEPWD/2276/2021-AB 2-BR dated
23.03.2021
PETITIONER'S EXHIBITS
Exhibit P6 A True copy of the notice No. B2-
1384/21 dated 17-10-2024, issued under
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Section 21 of the Right to Fair
Compensation and Transparency in Land
Acquisition, Rehabilitation and
Resettlement Act, 2013 Act,
Exhibit P7 A True copy of the information
obtained under the Right to
Information Act through Letter No. VO-
RTI-14/2024 dated 16-12-2024 from the
State Public Information Officer and
Village Officer, Nooranad, addressed
to Sri. Anilkumar, the petitioner in
WP(C) No. 12882/2024.
Exhibit P8 A true copy of the Manorama Online
report published on 16-12-2024
highlighting the factors contributing
to accidents
Exhibit P9 A True copy of the Gazette
notification G.O(P) No. 45/2023/Taxes
dated 25-03-2023, which specifies the
fair value of the lands in Re-survey
No. 183, and the RTI reply No. B2-
1384/21 dated 09-12-24 from the State
Public Information Officer and Junior
Superintendent, L. I (General),
Alappuzha.
Exhibit P 10 A true copy of the RTI reply No. B2-
1384/21 dated 09-12-24 from the State
Public Information Officer and Junior
Superintendent, L. I (General),
Alappuzha, indicating the fair value
of the properties for the approach
road received under Right to
Information Act by Sri. Anilkumar, the
petitioner in WP(C) 12882/2024.
