Kerala High Court
Biju P N vs The District Collector on 23 September, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:70257
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 23RD DAY OF SEPTEMBER 2025 / 1ST ASWINA, 1947
WP(C) NO. 27886 OF 2025
PETITIONERS:
1 BIJU P N
AGED 52 YEARS
S/O SHANTHA, PACHAKKIL NEROTH HOUSE, PACHAKKIL,
MALAPARAMBA, KOZHIKODE, PIN - 673009
2 A PUSHPADHARAN
AGED 60 YEARS
S/O LAXMANAN, NADAVA KATTIL HOUSE,
MALAPARAMBA PO, KOZHIKODE, PIN - 673009
3 SINEESH M S
AGED 48 YEARS
S/O SIVADASAN C M, MADATT HOUSE, GURUDEV ROAD,
MALAPARAMBA, KOZHIKODE, PIN - 673009
BY ADVS.
SHRI.HARISH R. MENON
SRI.A.RANJITH NARAYANAN
SMT.A.SIMI
SRI.K.T.SHYAMKUMAR
SRI.A.G.PRASANTH
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORATE, CIVIL STATION,
KOZHIKODE, PIN - 673004
2025:KER:70257
W.P.(C) No.27886/2025
:2:
2 DGM ( T) & PROJECT DIRECTOR NHAI NATIONAL
HIGHWAYS AUTHORITY OF INDIA
PROJECTS IMPLEMENTATION UNIT, PROVIDENCE
WOMEN'S COLLEGE ROAD, MALAPARAMBA,
KOZHIKODE DISTRICT, PIN - 673009
3 NATIONAL HIGHWAY AUTHORITY OF INDIA
REPRESENTED BY ITS CHAIRMAN UNDER MINISTRY OF
ROAD TRANSPORT & HIGHWAYS, G-5 & 6, SECTOR-10,
DWARKA, NEW DELHI INDIA, PIN - 110075
4 THE UNION OF INDIA
REPRESENTED BY SECRETARY MINISTRY OF ROAD
TRANSPORT & HIGHWAYS, TRANSPORT BHAVAN,
GOKUL NAGAR,
PARLIAMENT STREET, NEW DELHI,
INDIA,, PIN - 110001
5 THE EXECUTIVE ENGINEER
NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI), NH
66 CONSTRUCTION PROJECT, MALAPPARAMBA P.O,
KOZHIKODE, PIN - 673009
6 PROJECT DIRECTOR
NHAI, NH 66 CONSTRUCTION PROJECT,
MALAPPARAMBA P.O, KOZHIKODE-, PIN - 673009
BY ADV O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF
INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.09.2025, THE COURT ON 23.09.2025
DELIVERED THE FOLLOWING:
2025:KER:70257
W.P.(C) No.27886/2025
:3:
N. NAGARESH, J.
`````````````````````````````````````````````````````````````
W.P.(C) No.27886 of 2025
`````````````````````````````````````````````````````````````
Dated this the 23rd day of September, 2025
JUDGMENT
~~~~~~~~~
The petitioners, who are residents of
Malaparamba in Kozhikode District, are before this Court
seeking to direct the respondents to consider Ext.P6 and
construct underpass near the Golf Link Road, to enable the
people of the locality to have smooth and convenient access
to many major parts of the city including Medical College
Hospital, without travelling 3 Km. additionally.
2. The petitioners state that the National
Highways Authority of India, which is constructing the NH-66,
has completely closed the old Malaparamba - Pachakil Golf
Link Road. The petitioners state that the complete closure of
2025:KER:70257
the said Road is not in public interest. The residents of
Malaparamba have to travel beyond Pachakil, which is the
opening towards Chevarambalam - Chevayur - Medical
College Road and then return back towards Chevarambalam.
They have to travel an additional 2 Km. People in the locality
therefore submitted Ext.P1 representation to the Project
Director of the National Highways Authority requesting to
construct a vehicular Underpass at Pachakil in Malaparamba.
3. The petitioners state that the residents of
Malaparamba conducted a protest/Dharna against the
closure of the Malaparamba - Pachakil Golf Link Road for
construction of a Vehicle Underpass. Nevertheless, the
respondents are not inclined to construct Vehicular
Underpass. According to the petitioners, the permanent
closure of a century old Road which leads to many important
locations, amounts to violation of the freedom of movement.
4. Respondents 2 to 6, who are the authorities
under the NHAI and the Union of India, filed counter affidavit
2025:KER:70257
and resisted the writ petition. Respondents 2 to 6 submitted
that there is no merit in the arguments of the petitioners.
Respondents 2 to 6 submitted that development of the
existing Kozhikode Bypass on NH-66, covering the section
from Vengalam to Ramanattukara into a six lane facility with
service roads on both sides, is nearing completion.
5. The respondents further submitted that the
standards adopted for the development of the Highway are in
accordance with the specifications of the Ministry of Road
Transport and Highways, and also with the provisions of the
Indian Roads Congress.
6. I have heard the learned counsel for the
petitioners, the learned Government Pleader representing the
1st respondent and the learned DSGI representing
respondents 2 to 6.
7. The crux of the argument of the petitioners
is that the complete closure of the old Malaparamba -
Pachakil Golf Link Road has no nexus to the object sought to
2025:KER:70257
be achieved. The closure of the road leads to closure of
smooth transportation facility to various points, including the
prime health care centre of Kozhikode, which is the
Government Medical College, Kozhikode.
8. In this regard, it is to be noted that the
construction of the main carriage way at the point in question
has already been completed. The work relating to the service
road is presently under progress. The movement of traffic to
and from the Chevarambalam - Pachakil - Malaparamba
Road has been facilitated through the service road and the
slip road. It is evident that construction of NH-66 has not
deprived the public of transportation facility that has existed
already.
9. The respondents have followed the
standards adopted by the Ministry of Road Transport and
Highways and the provisions of the Indian Roads Congress.
On completion of the development works, the public will get
benefit of reduced travel time. The lining of NH-66 has been
2025:KER:70257
undertaken after investigation and studies in a pragmatic
manner.
10. The respondents would contend that vehicle
traffic from Malappuram and Wayanad Districts towards
Chevarambalam and Kozhikode Medical College can utilise
the left hand side Service Road from Malappuram Junction,
without passing through Netaji Nagar Junction. Furthermore,
the Golf Link Road is adequately connected to the left hand
side Service Road. Therefore, vehicles coming from areas
such as Balussery, Kakkodi and Puthiyangadi to Malappuram
Junction can access the left hand side Service Road from
Malappuram to Pachakil.
In the afore circumstances, I do not find any
merit in the writ petition. The writ petition is hence dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/18.09.2025
2025:KER:70257
APPENDIX OF WP(C) 27886/2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED
03/12/2023 ISSUED TO THE PROJECT
DIRECTOR OF NHAI
Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED
26/05/2025 SEND TO THE NHAI, KOZHIKODE
BY THE MALAPARAMBA - PACHAKIL JUNCTION
JANAKEEYA ACTION COMMITTEE CONVENOR
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED
02/06/2025 DEMANDING IMMEDIATE OPENING
OF GOLF LINK ROAD ISSUED TO THE
EXECUTIVE ENGINEER, NHAI BY THE
MALAPARAMBA - PACHAKIL ROAD PROTECTION
JANAKEEYA ACTION COMMITTEE
Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED
02/06/2025 ISSUED TO THE DISTRICT
COLLECTOR, KOZHIKODE BY THE
MALAPARAMBA - PACHAKIL ROAD PROTECTION
JANAKEEYA ACTION COMMITTEE
Exhibit P5 TRUE COPY OF THE ACKNOWLEDGEMENT
ISSUED BY THE DISTRICT COLLECTOR FOR
EXHIBIT P4 REPRESENTATION DATED
02/06/2025
Exhibit P6 TRUE COPY OF THE SITE PLAN INCLUDING
THE BLUE PRINT OF THE UNDERPASS TO BE
CONSTRUCTED SUBMITTED TO NHAI
Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED
04/06/2025 SUBMITTED BEFORE THE
HON'BLE CHIEF MINISTER OF KERALA BY
THE MALAPARAMBA - PACHAKIL ROAD
PROTECTION JANAKEEYA ACTION COMMITTEE
Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED
16/01/2025 SUBMITTED BEFORE THE
HON'BLE MINISTER, PUBLIC WORKS AND
TOURISM, KERALA BY THE MALAPARAMBA -
PACHAKIL ROAD PROTECTION JANAKEEYA
ACTION COMMITTEE
Exhibit P9 THE PHOTOGRAPH SHOWING THE PACHAKIL
JUNCTION AND THE BIFURCATION OF THE
OLD MALAPARAMBA - PACHAKIL ROAD TO
2025:KER:70257
CHEVARAMBALAM WHICH IS NOW ALMOST
CLOSED
Exhibit P10 TRUE COPY OF PHOTOGRAPH OF THE CLOSED
PORTION OF THE ROAD
Exhibit P11 A TRUE COPY OF THE INTERIM ORDER
PASSED IN WP( C) NO. 1752/2025 DATED
14/03/2025
