Kerala High Court
Asees Mannalamkunnu vs Union Of India on 9 September, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:66446
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 9TH DAY OF SEPTEMBER 2025 / 18TH BHADRA, 1947
WP(C) NO. 4804 OF 2024
PETITIONERS:
1 ASEES MANNALAMKUNNU
AGED 40 YEARS
S/O MOIDEEN, MUSLIM VEETIL
MANNALAMKUNNU P.O, THRISSUR DISTRICT,
PIN - 680518
2 A.M ALAVUDHEEN
AGED 64 YEARS
S/O MOIDUTTY ASSANARAKATH MANNALAMKUNNU,
ANDATHODU P.O, THRISSUR DISTRICT,
PIN - 679564
BY ADV.
SRI.K.M.SATHYANATHA MENON
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT & HIGHWAYS,
TRANSPORT BHAWAN, 1, PARLIAMENT STREET
NEW DELHI, PIN - 110001
2 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM,
2025:KER:66446
W.P.(C) No.4804/2024
:2:
PIN - 695001
3 THE NATIONAL HIGHWAYS AUTHORITY OF INDIA
REPRESENTED BY ITS CHAIRMAN,
NHAI HEADQUARTERS G-5 & 6, SECTOR-10,
DWARAKA, NEW DELHI, PIN - 110075
4 THE REGIONAL OFFICER
NATIONAL HIGHWAYS AUTHORITY OF INDIA
THIRUVANANTHAPURAM, PIN - 695024
5 THE PROJECT DIRECTOR
NATIONAL HIGHWAY AUTHORITY OF INDIA,
(MINISTRY OF ROAD TRANSPORT & HIGHWAYS),
PROJECT IMPLEMENTATION UNIT, VII/511-B,
NEYTHELI-MAVELIPURAM ROAD,
MAVELIPURAM, KAKKANAD,
ERNAKULAM DISTRICT, KERALA,
PIN - 682030
BY ADV.
SRI.V.GIRISH KUMAR, SENIOR PANEL COUNSEL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 06.08.2025 AND THE COURT ON 09.09.2025
DELIVERED THE FOLLOWING:
2025:KER:66446
W.P.(C) No.4804/2024
:3:
N. NAGARESH, J.
`````````````````````````````````````````````````````````````
W.P.(C) No.4804 of 2024
`````````````````````````````````````````````````````````````
Dated this the 9th day of September, 2025
JUDGMENT
~~~~~~~~~
Petitioners 1 and 2 are residents of
Mannalamkunnu area in Thrissur District. The 1st petitioner is
Ward Member of Punnayur Grama Panchayat. The 2nd
petitioner is President of Mahal Committee, Mannalamkunnu
Juma Masjid. The petitioners are also members of Action
Council formed at Mannalamkunnu against the present lay
out of NH-66.
2. According to the petitioners, respondents 3
to 5 are proceeding with construction of NH-66 covering
Mannalamkunnu area. Towards the eastern side of NH,
2025:KER:66446
there are Sub Registrar Office, Police Station, Village Office,
Panchayat Office, Veterinary Hospital, Krishi Bhavan,
Community Health Centres and a number of Schools and
Colleges. Banks, Hospitals and markets are also on the
eastern side of the NH and Kanoli Canal.
3. Respondents 3 to 5 have commenced
construction of NH-66 and as per the lay out, access from
Mannalamkunnu Centre to Mannalamkunnu Bridge is
blocked cutting apart Mannalamkunnu Centre and nearby
areas. There is no Vehicular Underpass (VUP) provided at
Mannalamkunnu Centre to retain access of Kochanoor -
Mannalamkunnu PWD Road at Mannalamkunnu Centre to
Mannalamkunnu Bridge. This is causing serious
inconvenience to the petitioners and others residing in the
area. It has also affected tourism opportunities of
Mannalamkunnu Beach.
2025:KER:66446
4. The petitioners requested the National
Highways Authority for a VUP at Mannalamkunnu Centre
connecting the eastern side of the National Highway by
crossing Kanoli Bridge through Mannalamkunnu Bridge. As
per the present lay out, the NH-66 is passing
Mannalamkunnu Centre at a height of 7 metres cutting the
two sides of the road into two parts. A VUP is provided
towards northern side at Veliyankode, 10 Km. away from
Mannalamkunnu Centre. Towards south, the nearest VUP at
Badarpally is at a distance of 700 metres from
Mannalamkunnu Centre. The next VUP is at Chavakkad 11
Km. far.
5. According to the petitioner, the VUP at
Badarpally cannot be used to cross Mannalamkunnu Bridge
by heavy vehicles, School Bus, etc. to reach the eastern side.
Larger vehicles have to travel 10 Km. north or 11 Km. south
to cross the Canoli Bridge. Only if a VUP is provided at
2025:KER:66446
Mannalamkunnu Centre, crossing of the public transportation
buses and School buses from western side of NH-66 to the
eastern side is possible.
6. Though on representations given by the
petitioners, an inspection was conducted and it was found
that a VUP is to be provided at chainage 339 + 500
Mannalamkunnu Centre at a size of 25 metre width and 5.5
metre height and a quotation was forwarded to the authority,
no further action has been taken. The petitioners reiterate
that though VUPs are provided at Veliyamkode, Badarpally
and Chavakkad, the same will not benefit the people around
Mannalamkunnu Centre. The petitioners therefore seek to
direct respondents 3 to 5 to provide a VUP at chainage 339 +
100 at Mannalamkunnu Centre enabling convenient crossing
of the petitioners and vehicles through Mannalamkunnu
Bridge over Kanoli Canal to reach eastern side of NH-66 and
Kanoli Canal.
2025:KER:66446
7. Respondents 1 and 3 to 5 resisted the writ
petition filing counter affidavit. The respondents submitted
that access has already been provided through continuous
service roads having 7 metre width on both sides. One VUP
is at a distance of 700 metres towards Ernakulam. The VUP
at Badarpally has sufficient horizontal clearance. The width
of service road is 7 metres on both sides. There are 4 VUPs
in the nearby area. The PWD Road in question has a width
of 3.5 metres only and it is connecting a 7 metre wide service
road. The contentions of the petitioners are therefore only to
be rejected.
8. I have heard the learned counsel for the
petitioners and the learned Senior Panel Counsel
representing the respondents.
9. The petitioners submit that Mannalamkunnu
Centre is a busy junction and a large number of public
offices, Schools, Hospitals, Banks and markets are on the
2025:KER:66446
eastern side of the NH. When the existing NH-66 reaches
the Mannalamkunnu Centre, the NH passes at a height of 7
metres, dividing the eastern and western side of the highway.
In order to cross the National Highway at Mannalamkunnu
Centre, a vehicle has to travel 10 Km. towards Veliyankode
or 700 metres towards Badarpally and use the VUPs. The
service roads on either side are narrow and will
accommodate only one way traffic. Therefore, unless a VUP
is provided at Mannalamkunnu Centre, the citizens in the
area will be put to severe hardship.
10. The NHAI would submit that the service
roads on either side are sufficiently wide and VUPs and those
service roads can be used by the vehicles for easy access to
the northern side of Mannalamkunnu. The petitioners, on
the other hand, submit that it is impossible for the heavy
vehicles to turn at a single stretch to the service road and
also from service road. The result will be huge traffic block at
2025:KER:66446
NH-66. Therefore, a VUP at Mannalamkunnu Centre for
direct access to Mannalamkunnu Bridge is highly necessary.
11. As submitted by the respondents, the
Badarpally VUP is hardly 700 metres away from
Mannalamkunnu junction. Access has already been provided
through continuous service roads having 7 metre width on
both sides of the NH-66. Another VUP is under construction
towards Malappuram side. The NHAI would submit that
several VUPs have been provisioned at regular intervals in
the area and hence no congestion will be there either from
Ponnani side or Chavakkad side.
12. The NHAI had undertaken detailed
feasibility of the project through DPR consultants. It is based
on the recommendations of the DPR consultants that various
provisions are made. Entry and exit provisions from main
carriage way to service roads are included on both sides of
the project highway at designated locations. The VUPs are
2025:KER:66446
planned as per IRC requirements and also considering the
road safety aspects. Therefore, I do not find any reason to
interfere in the construction of NH-66.
13. The Hon'ble Apex Court in the judgment in
M/s.N.G. Projects Limited v. M/s. Vinod Kumar Jain and
others [Civil Appeal No.1846/2022 decided on 21.03.2022]
has held that construction of roads is an essential part of
development of infrastructure in any State. The duty of the
court in these matters is to confine itself to the question of
legality. Unless a decision making authority exceeded its
powers or has committed an error of law or has committed a
breach of the rules of natural justice or has reached a
decision which no reasonable Tribunal would have reached,
then the court shall not interfere in the matter. It is not for the
court to determine whether a particular decision taken in the
fulfillment of a policy is fair or not.
2025:KER:66446
In the afore circumstances, no interference
is warranted in the matter of alignment of NH-66. The writ
petition is hence dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/01.09.2025
2025:KER:66446
APPENDIX OF WP(C) 4804/2024
PETITIONERS' EXHIBITS
Exhibit P1 A TRUE COPY OF THE 3. SKETCH OF THE
AREA
Exhibit P2 A TRUE COPY OF THE LETTER SUBMITTED BY
THE MEMBER OF PARLIAMANT FROM THRISSUR
DISTRICT SRI. T.N PRATHAPAN TO THE
HON'BLE MINISTER FOR NATIONAL HIGHWAY
DATED 9.12.2022
Exhibit P3 A TRUE COPY OF THE LETTER SUBMITTED BY
THE MEMBER OF PARLIAMANT FROM THRISSUR
DISTRICT SRI. T.N PRATHAPAN TO THE
HON'BLE MINISTER FOR NATIONAL HIGHWAY
DATED 23.11.2022
Exhibit P4 A TRUE COPY OF THE LETTER SUBMITTED BY
THE MEMBER OF PARLIAMANT FROM THRISSUR
DISTRICT SRI. T.N PRATHAPAN TO THE
HON'BLE MINISTER FOR NATIONAL HIGHWAY
DATED 09.01.2023
Exhibit P5 A TRUE COPY OF THE DETAILS OF
RECOMMENDATION MADE THROUGH THE
AUTHORITY CONCERNED AT MANNALAMKUNNU
AS SERIAL NO: 1
Exhibit P6 A TRUE COPY OF THE CERTIFICATE DATED
29.01.2024 ISSUED FROM GFUP SCHOOL,
MANNALAMKUNNU
Exhibit P6(a) A TRUE COPY OF THE CERTIFICATE DATED
29.01.2024 ISSUED FROM ICA ENGLISH
HIGHER SECONDARY SCHOOL, VADAKKEKAD
P.O.
Exhibit P6(b) A TRUE COPY OF THE CERTIFICATE DATED
29.01.2024 ISSUED FROM RAHMATH ENGLISH
HIGHER SECONDARY SCHOOL, THOZHIYOOR
P.O.
2025:KER:66446
Exhibit P6(c) A TRUE COPY OF THE CERTIFICATE DATED
29.01.2024 ISSUED FROM GOVERNMENT HIGH
SCHOOL, KADIKKAD, PUNNAYURKULAM P.O.
Exhibit P6(d) A TRUE COPY OF THE CERTIFICATE DATED
NIL ISSUED FROM RAMARAJA MEMMORIAL
UPSCHOOL, PUNNAYURKULAM P.O.
Exhibit P6(e) A TRUE COPY OF THE CERTIFICATE DATED
29.01.2024 ISSUED FROM A.C.KUNHIMON
HAJI MEMORIAL ICA COLLEGE, THOZHIYOOR
P.O.
Exhibit P6(f) A TRUE COPY OF THE CERTIFICATE DATED
29.01.2024 ISSUED FROM HIGHER
SECONDARY SCHOOL, THIRUVALAYANNUR
KALLUR P.O.
Exhibit P6(g) A TRUE COPY OF THE CERTIFICATE DATED
29.01.2024 ISSUED FROM AMLP SCHOOL,
CHERAYI, ANDATHODU P.O.
Exhibit P6(h) A TRUE COPY OF THE CERTIFICATE DATED
29.01.2024 ISSUED FROM AMAL ENGLISH
SCHOOL SENIOR SECONDARY, CHAMMANNUR
P.O.
Exhibit P6(i) A TRUE COPY OF THE CERTIFICATE DATED
29.01.2024 ISSUED FROM KCPH MALP
SCHOOL, EDAKKARA
Exhibit P7 A TRUE COPY OF THE RELEVANT PAGES OF
THE MANUAL OF SPECIFICATIONS AND
STANDARDS FOR SIX LANING OF HIGHWAYS
Exhibit P8 COPY OF THE 10. PHOTOGRAPHS OF THE
LOCATION
Exhibit P9 A TRUE COPY OF THE LIST OF STRETCHES
WHERE GRADE SEPARATORS AND OPEN
FLYOVERS HAVE BEEN PROPOSED PUBLISHED
BY THE MINISTRY OF ROAD TRANSPORT &
HIGHWAYS UNDER THE HEADING
CONSTRUCTION OF GRADE SEPARATORS
POSTED ON: 16.03.2023 2:18PM BY PRESS
INFORMATION BUREAU, DELHI
Exhibit P10 COPY OF THE PHOTOGRAPHS OF THE SERVICE
ROAD AT LOCATIONS HAVING TURNING
RADIUS TO PWD ROAD, WIDTH OF THE ROAD
2025:KER:66446
RESPONDENTS' ANNEXURES
Annexure R1(a) TRUE COPY OF THE REPORT OF SITE VISIT
CONDUCTED BY THE PROJECT DIRECTOR,
COCHIN PROJECT IMPLEMENTATION UNIT -I
VIDE LETTER NO.11014/02/NHAI/PIU-
COCHIN/4804/2024 DATED 29.02.2024
Exhibit R1(a) TRUE COPY OF THE PHOTOGRAPHS
Exhibit R1(b) THE DETAILS OF TYPICAL CROSS SECTION
ALONG WITH SERVICE ROAD WIDTH
