Kerala High Court
Sebi A.L vs State Of Kerala on 9 June, 2025
Author: N. Nagaresh
Bench: N.Nagaresh
2025:KER:39707
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 9TH DAY OF JUNE 2025 / 19TH JYAISHTA, 1947
WP(C) NO. 5762 OF 2024
PETITIONERS:
1 SEBI A.L.,
AGED 61 YEARS, S/O LONAN A.V.,
RESIDING AT ANTHIKADU, CHENNUR, KOTHAD P.O.
KADAMAKUDY, CHITTOOR ERNAKULAM, PIN - 682027
2 GEORGE ANTONY,
AGED 50 YEARS, S/O LONAN GEORGE,
RESIDING AT THOTTAKATH HOUSE, CHENNUR,
KOTHAD P.O., KADAMAKKUDY,
ERNAKULAM, PIN - 682027
3 JOSE,
AGED 53 YEARS
S/O SEBASTIAN RESIDING AT ANTHIKADU,
CHENNUR, KOTHAD P.O. KADAMAKUDY, CHITTOOR
ERNAKULAM, PIN - 682027
4 DENNY SEBASTIAN,
AGED 52 YEARS,
S/O SEBASTIAN A.V. RESIDING AT ANTHIKADU,
CHENNUR, KOTHAD P.O. KADAMAKUDY, CHITTOOR
ERNAKULAM, PIN - 682027
5 PERAGRIN T.A.
AGED 56 YEARS, S/O ANTONY T.P.,
RESIDING AT THOTTAKATH CHENNUR,
KOTHAD P.O. KADAMAKUDY,
CHITTOOR ERNAKULAM, PIN - 682027
6 MAYMOL,
AGED 50 YEARS, W/O JOHN P.R.,
RESIDING AT PAVATHARA HOUSE MANJUMMEL P.O.
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UDHYOGAMANDAL S.O. PARAVUR,
ERNAKULAM, PIN - 683501
7 NELSON A.S.,
AGED 58 YEARS, C/O SHEENA,
RESIDING AT ANTHIKAD HOUSE KD PLOT P.O.,
SOUTH KALAMASSERY NEAR LEETHA COMPANY
THRIKKAKARA, ERNAKULAM, PIN - 683104
BY ADVS.
SHRI.RAGHUL SUDHEESH
SMT.J.LAKSHMI
SMT.ELIZABETH MATHEW
SMT.BINI DAS
SMT.DHARSANA A.
SHRI.ARAVIND SANKAR M.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY GOVERNMENT
SECRETARIAT THIRUVANANTHAPURAM, PIN - 695001
2 LOCAL SELF GOVERNMENT DEPARTMENT,
REPRESENTED BY ITS SECRETARY,
GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM,
PIN - 695001
3 PUBLIC WORKS DEPARTMENT,
REPRESENTED BY ITS SECRETARY
GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM,
PIN - 695001
4 GREATER COCHIN DEVELOPMENT AUTHORITY (GCDA)
REPRESENTED BY ITS CHAIRMAN
SAHODARAN AYYAPPAN RD, KADAVANTHRA, KOCHI,
ERNAKULAM, KERALA, PIN - 682020
5 GOSHREE ISLANDS DEVELOPMENT AUTHORITY - GIDA
REPRESENTED BY ITS AUTHORISED OFFICER PARK
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AVENUE, OLD COLLECTORATE CAMPUS,
ERNAKULAM, KERALA, PIN - 682011
6 KADAMAKKUDY GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY
PIZHALA NORTH WARD, PIZHALA,
KADAMAKKUDY, KERALA, PIN - 682027
7 ANTY,
S/O VARUTHACHAN KATTIPARAMBIL HOUSE,
ERAMPADAM, VARAPUZHA P.O.,
ERNAKULAM, PIN - 683517
8 GRAYSON,
S/O VARUTHACHAN KATTIPARAMBIL HOUSE,
ERAMPADAM VARAPUZHA P.O.,
ERNAKULAM, PIN - 683517
9 GEOGY,
S/O VARUTHACHAN KATTIPARAMBIL HOUSE,
ERAMPADAM, VARAPUZHA P.O., ERNAKULAM,
PIN - 683517.
*ADDL.10 MARY AGNES,
W/O LATE JOSEPH K.J,
RESIDING AT KADAPARAMBIL HOUSE, CHENNUR,
KOTHAD P.O, ERNAKULAM DISTRICT, KERALA.
*ADDL.11 DR.ATHUL JOSEPH MANUEL,
AGED 38 YEARS
S/O LATE ADV. K.O.MANUEL,
RESIDING AT KODUVELI PARAMBIL HOUSE,
CHENNUR, KOTHAD P.O, ERNAKULAM DISTRICT,
KERALA 682027.
*ADDL.12 PETER JOBIN K J
AGED 45 YEARS
S/O K.P JOSEPH RESIDING AT KALLUPALATHINKAL
HOUSE, CHENNU, KOTHAD P.O,
ERNAKULAM DISTRICT KERALA - 682027
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*ADDL.13 XAVIER T.A,
AGED 45 YEARS
S/O LATE ANTONY T.P,
RESIDING AT THOTTAKATH HOUSE,
CHENNUR,
KOTHAD P.O, ERNAKULAM DISTRICT,
KERALA- 682027
*ADDL.14 BIJU E.P.
AGED 51 YEARS
S/O PUSHPAKARAN,
RESIDING AT ELAYIDATH HOUSE, CHENNUR,
KOTHAD P.O, ERNAKULAM DISTRICT,
KERALA -682027
*ADDL.15 JACKSON JOHN,
AGED 35 YEARS,
S/O JOHN RESIDING AT ERATHEETAYIL HOUSE,
KARIKKATTU THURUTHU, KOTHAD P.O.,
ERNAKULAM DISTRICT, KERALA-682027
*ADDL.16 K.I. ANTONY,
AGED 65 YEARS
S/O LATE IYPE,
RESIDING AT KODUVELI PARAMBIL HOUSE,
CHENNUR, KOTHAD P.O,
ERNAKULAM DISTRICT,
KERALA - 682027
*ADDL.17 S.D. JOSHI,
AGED 62 YEARS,
S/O. LATE DHAMODHARAN,
RESIDING AT SASTHAMPARAMBIL HOUSE,
CHENNUR, KOTHAE, ERNAKULAM DISTRICT,
KERALA- 682027
*ADDL.18 K.K. SANTHOSH,
S/O LATE KRISHNANKUTTY,
KUZHIKANDATHIL HOUSE,
KARIKKATTU THURUTHU,
KOTHAD P.O. 682027
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*ADDL.19 ADV.JESSY MANUAL,
AGED 67 YEARS,
W/O LATE ADV. K.O. MANUAL,
KODUVELI PARAMBIL HOUSE,
CHENNUR, KOTHAD P.O., PIN 682027.
(ADDITIONAL RESPONDENTS 10 TO 19 ARE IMPLEADED AS
PER ORDER DATED 27.05.2025 IN I.A.3/2024 IN WP(C)
5762/2024.
BY ADVS.
SRI.RAJEEV JYOTHISH GEORGE, GOVERNMENT PLEADER
SRI.T.R.RAJAN
SHRI.VARGHESE K.PAUL, SC, GIDA
SRI.P.MOHANDAS, SC (ERNAKULAM)
SMT.K.LATHA
SRI.K.SUDHINKUMAR
SRI.SABU PULLAN
SRI.GOKUL D. SUDHAKARAN
SHRI.R.BHASKARA KRISHNAN
SHRI.BHARATH MOHAN
DR.K.P.SATHEESAN (SR.)
SMT.AYSHA RAHMAN
SHRI.JOMTON F. PAYANKAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 29.05.2025, THE COURT ON 09.06.2025 DELIVERED THE
FOLLOWING:
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N. NAGARESH, J.
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W.P.(C) No.5762 of 2024
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Dated this the 9th day of June, 2025
JUDGMENT
~~~~~~~~~
The petitioners, who are residents of Chennur
Village of Kadamakkudy Panchayat, seek to direct respondents
3 to 6 to reconsider the current alignment of the bridge which
causes extreme inconvenience to the lives and livelihood of the
natives of that area.
2. The petitioners are residents of Chennur
Village. Kothad is an island near Chennur surrounded by
Periyar river. For the residents of Kothad, in order to reach
Chennur, they can use surface transport through Varapuzha
Church road. It is a longer route and extremely time
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consuming. The authorities decided to construct Kothad -
Chennur bridge. A survey was conducted many years ago and
an alignment was finalised. The approach road and bridge
were to pass over the existing PWD road and no land
acquisition was required.
3. However, the authorities conducted a further
survey and decided that the proposed road alignment will not
be connected to the PWD road. As per the new alignment, the
land of the petitioners was to be acquired. The petitioners state
that they had already surrendered 4 metres from both sides of
the road to develop the Ferry road. The present rearrangement
would force demolition of many houses and shops.
4. According to the petitioners, there is a steep
dangerous curve on the part that connects the bridge and the
main road. Chances of accident are high. There is a possibility
of traffic congestion also. If the original alignment is followed,
large scale land acquisition will not be required. Therefore, the
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respondents are compellable to reconsider the present
alignment. The petitioners also seek publication of social
impact assessment report.
5. The 5th respondent-Goshree Islands
Development Authorities resisted the writ petition. The 5th
respondent stated that following a meeting with Kochi Metro
Rail Limited for utilisation of Water Metro acquired land for the
construction of Kothad - Chennur bridge, it was suggested that
the access road at Chennur and Kothad terminals should have
a minimum width of 6 metres up to the terminal. The approach
span must be extended to a width of 38 metres to
accommodate the approach of the Water Metro Boats.
6. Therefore, the general design drawing has
been updated. GIDA organised a meeting with land owners
situated within the alignment of the current plan. The land
owners gave consent letter agreeing to surrender their land to
facilitate the bridge construction. The authorities of Sacred
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Heart Church, Kothad also generously surrendered a portion of
their very ancient cemetery for construction of the bridge. The
writ petition is therefore without any merit and is only to be
rejected.
7. The 3rd respondent-PWD also resisted the writ
petition. The 3rd respondent submitted that the alignment
prepared by the PWD was strictly observing the routes and
after studying many factors such as flow of the river, structure
of the land, accessibility to the bridge, possibility of approach
road and certain other social factors. The writ petition is
without any merit and it is liable to be dismissed.
8. I have heard the learned counsel for the
petitioners, the learned Government Pleader representing
respondents 1 to 3, the respective Standing Counsel appearing
for respondents 4 to 6 and the learned counsel appearing for
respondents 10 to 17.
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9. The petitioners state that the revised
alignment of Kothad - Chennur bridge will be resulting in large
scale acquisition of land. If the first alignment is followed, land
need to be acquired from only one person. The GIDA held a
meeting with Kochi Metro Rail Limited concerning the utilisation
of Water Metro acquired land for the construction of the Kothad
- Chennur bridge. The Kochi Metro Rail Limited suggested
that the access road at Chennur and Kothad terminals should
have a minimum width of 6 metres extending the approach
span width to accommodate the approach of the Water Metro
Boats, which is essential.
10. In view of the above, it became necessary to
revise the bridge design. It was in these circumstances that a
revised alignment plan was drawn. Even as per the revised
alignment plan, only about 20 Ares of land need to be acquired.
No residential houses will be affected. The current alignment
was determined after conducting a comprehensive feasibility
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study. Mass petitions submitted by the local residents were
considered. Changing the alignment is therefore uncalled for.
It would delay the project also.
In the afore circumstances, I do not find any
merit in the writ petition. The writ petition is therefore
dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/05.06.2025
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APPENDIX OF WP(C) 5762/2024
PETITIONERS' EXHIBITS:
Exhibit P1 TRUE COPY OF THE NOTICE ISSUED BY THE
5TH RESPONDENT DATED 02.05.2023
Exhibit P2 TRUE COPY OF THE MAP SHOWING THE FIRST
ALIGNMENT OF THE BRIDGE AND THE CURRENT
ALIGNMENT
Exhibit P3 A TRUE COPY OF THE RTI REPLY RECEIVED
FROM GOSHREE ISLANDS DEVELOPMENT
AUTHORITY DATED 04.11.2023
Exhibit P4 A TRUE COPY OF THE NEWS REPORT
PUBLISHED IN MALAYALA MANORAMA DAILY
NEWSPAPER DATED 12.05.2023
Exhibit P5 A TRUE COPY OF THE NEWS REPORT
PUBLISHED IN MALAYALA MANORAMA DAILY
NEWSPAPER DATED 24.09.2023
RESPONDENTS' EXHIBITS:
Exhibit R5(b) A true copy of the G.O (MS)
298/2011/LSGD dated 30/11/2011.
Exhibit R5(c) A true copy of the letter dated
29/12/2015, issued by the President of
the 6th respondent, Panchayat.
Exhibit R5(d) A true copy of the extract of draft
minutes of the 30th General Council
Meeting of GIDA held on 11/01/2016.
Exhibit R5(e) A true copy of the minutes of the
General Council meeting of GIDA held on
23/10/2018.
Exhibit R5(f) A true copy of the Government vide G.O
(RT) No. 2200/2021/LSGD dated
06/11/2021.
Exhibit R5(g) The true copy of the letter dated
30/06/2023, issued by Chief General
Manager (Water Manager) Kochi Metro
Rail Ltd. to Secretary, GIDA.
Exhibit R5(h) A true copy of the letter dated
07/02/2024, issued by the Chief
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Engineer, Bridges, Design Unit, PWD,
Thiruvananthapuram.
Exhibit R5(i) A true copy of the letter, dated
18/08/2023, issued by the Director,
Inland Water Authority to the Executive
Engineer, PWD Bridge division.
Exhibit R5(j) A true copy of the consent letter,
issued by James C.V, Chamminikkodath
House, Kothad to the Secretary, GIDA .
Exhibit R5(k) A true copy of the consent letter,
issued by Father Martin Thaiparambil,
Vicar, Sacred Heart Church, Kothad, to
the Secretary, GIDA.
Exhibit R5 (a) A true extract of the decision of the
General Council meeting of GIDA, held
on 24/02/2010.
RESPONDENTS' EXHIBITS:
Exhibit R10(A) TRUE COPY OF THE DRAWINGS OF NEW
ALIGNMENT OF KOTHAD CHENNUR BRIDGE
Exhibit R10(B) TRUE COPY OF THE SKETCH OF THE ENTIRE
AREA MARKING THE OLD ALIGNMENT AND NEW
ALIGNMENT
Exhibit R10(C) THE TRUE COPY OF THE DETAILS OF LAND
OWNERS WITH SURVEY NUMBER AND AREA TO
BE ACQUIRED IN WEST SIDE AND EAST SIDE.
