W.P.(C) Nos.31606 & 31850 of 2023

W.P.(C)Nos.31606 & 31850 of 2023 1 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE T.R.RAVI** **TUESDAY, THE 9[TH] DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WP(C) NO. 31606 OF 2023** ## **PETITIONERS:** - **1 ABDUL RAZAK AGED 64, S/O ALAVIKUTTY CHOORAPULAKKAL HOUSE RANDATHANI P.O MALAPPURAM DISTRICT, PIN - 676510** - **2 FIROZ P AGED 48** - **S/O MOHAMMEDKUTTY PALLIMALLIL HOUSE RANDATHANI P.O MALAPPURAM DISTRICT, PIN - 676510** - **3 MOHAMMED FASIL AGED 32 S/O MUSTAFA MOORKATH HOUSE RANDATHANI P.O MALAPPURAM DISTRICT, PIN - 676510** **BY ADVS. SRI K.M.SATHYANATHA MENON MS.AYISHA** ## **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, PIN - 695001** - **3 THE NATIONAL HIGHWAYS AUTHORITY OF INDIA REPRESENTED BY ITS CHAIRMAN, G-5 & 6, SECTOR-10, DWARAKA, NEW DELHI, PIN - 110075** - **4 THE REGIONAL OFFICER NATIONAL HIGHWAYS AUTHORITY OF INDIA THIRUVANANTHAPURAM, PIN - 695024** W.P.(C)Nos.31606 & 31850 of 2023 2 - **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 SMT.MINI GOPINATH -CGC** **SRI TC KRISHNA (CGC)** **SRI RAJEEV JYOTHISH GEORGE, GOVT.PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.04.2024, ALONG WITH WP(C).31850/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C)Nos.31606 & 31850 of 2023 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE T.R.RAVI** **TUESDAY, THE 9[TH] DAY OF APRIL 2024 / 20TH CHAITHRA, 1946** **WP(C) NO. 31850 OF 2023** ## **PETITIONER/S:** **1 K.P SHEREEFA BASHEER AGED 49 W/O. MOHAMMED BASHEER, KILIYAN PARAMBIL HOUSE, RANDATHANI P.O., MALAPPURAM, PIN - 676510 2 SHAMEER KALADI AGED 48 S/O. ABDUL RAHMAN, KALADI HOUSE, RANDATHANI P.O., MALAPPURAM, PIN - 676510** **BY ADVS. SRI P.A.MOHAMMED SHAH SRI RENOY VINCENT SRI SHAHIR SHOWKATH ALI SRI CHELSON CHEMBARATHY SRI ABEE SHEJIRIK FASLA N.K SRI MUHAMED JUNAID V. SRI ADITH KRISHNAN.U. MS.FATHIMA AFEEDA P. SRI NABEEL SHAH IBRAHIM SRI SHIBU V.M. MS.AYISHA T.S.** ## **RESPONDENTS:** - **1 UNION OF INDIA REPRESENTED BY SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, NEW DELHI, PIN - 110001** - **2 STATE OF KERALA REPRESENTED BY SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-, PIN - 695001** - **3 NATIONAL HIGHWAY AUTHORITY OF INDIA G-586, SECTOR-10, DWARAKA, NEW DELHI, REPRESENTED BY ITS CHAIRMAN, PIN - 110075** W.P.(C)Nos.31606 & 31850 of 2023 4 - **4 THE PROJECT DIRECTOR NATIONAL HIGHWAY AUTHORITY OF INDIA, VII/511-B, NEYTHELLI-MAVELIPURAM ROAD, KAKKANAD, ERNAKULAM, PIN - 682030** - **5 DISTRICT COLLECTOR, COLLECTORATE ROAD, UP HILL, MALAPPURAM, KERALA, PIN - 676505 BY ADVS. SRI KRISHNA T C (CGC) SRI RAJEEV JYOTHISH GEORGE, GOVT.PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.04.2024, ALONG WITH WP(C).31606/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C)Nos.31606 & 31850 of 2023 5 ## **T.R. RAVI, J.** **-------------------------------------------W.P.(C)Nos.31606 & 31850 of 2023 -------------------------------------------Dated this the 9th day of April, 2024** ## **JUDGMENT** The petitioners state that they are permanent residents of Marakkara and Kalpakancherry Panchayats in Randathani in Malappuram District. They have approached this Court complaining about the inconveniences which are caused by the work of the National Highway 66. The prayer in W.P.(C)No.31606 of 2023 is for a direction to the respondents to provide an underpass at Chainage 291.475 or at 291.700 or at 291.309 in NH 66 at Randathani in Malappuram District for convenient crossing of the petitioners and vehicular movements. The prayer in W.P.(C)No.31850 of 2023 is for a direction to the respondents to provide 3/4 metres pedestrian pathway under the National Highway at Randathani (Chainage between 291/200 to 291/350) in Malappuram District, which was in existence, as per Ext.P1 asset register of Marakkara Panchayat. 2. At the time of admission, this Court had directed the National Highway Authority not to shut down the pathway in W.P.(C)Nos.31606 & 31850 of 2023 6 question. Thereafter, after detailed consideration, this Court had modified the interim orders by orders dated 31.10.2023 and 3.1.2024. On 19.1.2024, this Court vacated the interim order on the reason that there is an underpass provided at 290.940. 3. Heard the counsel for the petitioners and the respondents. 4. It is clear from the contentions raised by either side that there is a vehicular underpass at Chainage 290.940 and at 292.660. The contention of the respondents is that since there is already an underpass at Chainage 290.940, the request for an underpass at Chainage 291.475 or 291.309 or 291.700 cannot be considered. I find that as between Chainage 291.309 where the Ayoobkhan Road meets the service road and the vehicular underpass at 290.940, the distance is only 369 metres. The contention of the respondents that since there is already a service road provided, it is not feasible to have an additional underpass at such short distance, is fully justified. This Court does not have the expertise in such matters and it will not be proper to interfere with the decisions taken by the Expert Body in this regard. Moreover, after the interim order was vacated, the work has also progressed W.P.(C)Nos.31606 & 31850 of 2023 7 considerably. It is settled law that the findings of expert bodies in technical and scientific matters are not ordinarily interfered with by Courts. (See **Project Director, Project Implementation Unit v.** ## **P.V.Krishnamoorthi & Ors. [2021(3) SCC 572].** No interference is called for in these writ petitions and the writ petitions are dismissed. Sd/- **T.R. RAVI JUDGE** dsn W.P.(C)Nos.31606 & 31850 of 2023 8 ## **APPENDIX OF WP(C) 31606/2023** ## **PETITIONER EXHIBITS** - **EXHIBIT P1 A TRUE COPY OF THE RELEVANT PAGES OF THE MANUAL OF SPECIFICATIONS AND STANDARDS FOR SIX LANING OF HIGHWAYS** - **EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE HEADMASTER, GUP SCHOOL BEFORE THE DISTRICT COLLECTOR, MALAPPURAM DATED 3.07.2023** - **EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 3RD PETITIONER BEFORE THE DISTRICT COLLECTOR, MALAPPURAM DATED 28.12.2022** **EXHIBIT P4 A TRUE COPY OF THE LETTER FORWARDED BY THE DISTRICT COLLECTOR, MALAPPURAM TO THE 5TH RESPONDENT DATED 19.01.2023** - **EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 3RD PETITIONER BEFORE THE DISTRICT COLLECTOR, MALAPPURAM DATED 1.06.2023** - **EXHIBIT P6 A TRUE COPY OF THE LETTER FORWARDED BY THE DISTRICT COLLECTOR, MALAPPURAM TO THE 5TH RESPONDENT DATED 2/06/2023** - **EXHIBIT P7 A COPY OF PHOTOGRAPH OF THE BOX CULVERT ALLEGED TO HAVE BEEN CONSTRUCTED** - **EXHIBIT P8 A COPY OF PHOTOGRAPH OF THE AREA FROM CHAINAGE 291 309 KM TO CHAINAGE 291 330 KM** - **EXHIBIT P9 A COPY OF PHOTOGRAPH SUBSTANTIATE THE FACT THAT THE ROAD WORK IS ONLY AT THE INITIAL STAGE AND THERE IS NO DIFFICULTY TO PROVIDE UNDERPASS OR CULVERT BY THE NHAI, TAKEN ON 27.10.2023** - **EXHIBIT P10 A TRUE COPY OF THE ROUGH LOCATION SKETCH FROM CHAINAGE 292.660 TO 290.940 PREPARED BY THE APPLICANTS** - **EXHIBIT P11 A TRUE COPY OF THE SKETCH PREPARED BY THE APPLICANTS SHOWING THE PROPOSED SVUP AND BOX CULVERT FOR DRAINAGE** - **RESPONDENT ANNEXURES** - **ANNEXURE R1(A) PHOTOGRAPHS OF THE EXISTING/OLD CULVERT** W.P.(C)Nos.31606 & 31850 of 2023 9 **ANNEXURE R1(B) RELEVANT PAGE OF SCHEDULE IN CONCESSION AGREEMENT AS APPENDIX -BX1 ANNEXURE R1(C) THE PLAN, PROFILE AND PICTURES** W.P.(C)Nos.31606 & 31850 of 2023 10 ## **APPENDIX OF WP(C) 31850/2023** ## **PETITIONER EXHIBITS** **EXHIBIT-P 1 THE TRUE COPY OF THE ASSET REGISTER OF MARAKKKARA GRAMA PANCHAYATH EXHIBIT 2 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PRESIDENT MRAKKARA PANCHAYATH DATED 08.07.2022 EXHIBIT -P3 THE TRUE COPY OF THE LETTER FORWARDED BY E. T MOHAMMED BASHEER TO THE 4TH RESPONDENT DATED 25.08.2022 EXHIBIT -P4 THE TRUE COPY OF THE REPLY BY THE 4TH RESPONDENT TO E. T MOHAMMED BASHEER DATED 12.12.2022 EXHIBIT -P5 THE TRUE COPY OF THE LETTER FORWARDED BY E. T. MOHAMMED BASHEER TO THE 4TH RESPONDENT DATED 15.12.2022 EXHIBIT -P6 THE TRUE COPY OF THE REPLY BY THE 4TH RESPONDENT TO E. T MOHAMMED BASHEER DATED 12.09.2023 EXHIBIT -P7 THE TRUE COPY OF THE LETTER FORWARDED BY E. T MOHAMMED BASHEER TO THE 4TH RESPONDENT DATED 16.09.2023 EXHIBIT P8 A TRUE COPY OF THE COMMUNICATION ALONG WITH THE REPORT DATED 06.01.2024**