WP(C) NO. 12955 OF 2025 1 2025:KER:29165 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 12955 OF 2025 PETITIONERS: 1 DEAN ROY N AGED 53 YEARS S/O JOHN BOSCO PRINCIPAL, ST.PHILOMINAS HIGHER SECONDARY SCHOOL, KOONAMMAVU P.O., KERALA, PIN - 683518 2 JAYA JOSE AGED 55 YEARS D/O K.V JOSE HEAD MISTRESS, ST.PHILOMINAS LP SCHOOL, KOONAMMAVU P.O., KERALA, PIN - 683518 3 MINI ALIAS AGED 53 YEARS D/O P.P ALIAS HEAD MISTRESS, ST.PHILOMINAS HIGH SCHOOL, KOONAMMAVU P.O., KERALA, PIN - 683518 4 VINOSH K.S AGED 47 YEARS S/O SARASAN K.V PTA VICE PRESIDENT, CHAVARA DARSAN CMI PUBLIC SCHOOL KOONAMMAVU P.O., KERALA, PIN - 683518 5 AMAL FRANCIS AGED 64 YEARS S/O AUGUSTINE DIRECTOR OF EVANELASHRAM, KOONAMMAVU P.O., KERALA, PIN - 683518 6 MENACHERY JOSEPH THAMPI AGED 64 YEARS S/O M.V JOSEPH PRESIDENT , ADIKULAM RESIDENTS ASSOCIATION KOONAMMAVU P.O., KERALA, PIN - 683518 WP(C) NO. 12955 OF 2025 2 2025:KER:29165 7 SABU THADEVUS K.J AGED 58 YEARS S/O JOSEPH K.O PRESIDENT , MESTHRIPADI RESIDENTS ASSOCIATION KOONAMMAVU P.O., KERALA, PIN - 683518 BY ADVS. SRI.P.SATHISAN SRI.SHIBU B.S SRI.BIJU P.PAUL SMT.AKSHARA RAJU SMT.SWALIHA SELMI T.R. SRI.RAHUL MANNALI RESPONDENTS: 1 UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF ROAD TRANSPORT & HIGHWAYS, GOVERNMENT OF INDIA, CENTRAL DELHI P.O., NEW DELHI, PIN - 110001 2 REGIONAL OFFICER NATIONAL HIGHWAYS AUTHORITY OF INDIA, REGIONAL OFFICE – KERALA, T.C 86/1036-1, AMBILY ARCADE, S.N.N.R.A - 9, PETTAH P.O, THIRUVANANTHAPURAM, PIN - 695024 3 PROJECT DIRECTOR PROJECT IMPLEMENTATION UNIT-NHAI, THIRUVANATHAPURAM, TC 36/414(5), KOYIKKAL VEEDU, KAVU LANE, PALKULANGARA P.O., THIRUVANANTHAPURAM, PIN - 695024 4 DIRECTOR GENERAL (ROAD DEVELOPMENT) & SPECIAL SECRETARY, ROOM NO.213, MINISTRY OF ROAD TRANSPORT & HIGHWAYS, TRANSPORT BHAVAN, 1, PARLIAMENT STREET, CENTRAL DELHI P.O., NEW DELHI , PIN - 110001 5 PROJECT DIRECTOR NATIONAL HIGHWAYS AUTHORITY OF INDIA (HEAD OFFICE) DWARAKA SECTOR 10, SOUTH WEST DELHI P.O., NEW DELHI., PIN - 110075 WP(C) NO. 12955 OF 2025 3 2025:KER:29165 6 STATE OF KERALA REPRESENTED BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM P.O., PIN - 695001 7 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY LAND ACQUISITION, NHAI, NALANDA BUILDING , NORTH PARAVUR, ERNAKULAM, KERALA, PIN - 683513 8 DISTRICT COLLECTOR ERNAKULAM, FIRST FLOOR OF CIVIL STATION, ECHAMUKU, KUNNUMPURAM, KAKKANAD, PIN - 682030 9 KOTTUVALLY GRAMA PANCHAYAT REPRESENTED THROUGH ITS SECRETARY, NEAR KOONAMMAVU MAIN JUNCTION, VALLUVALLY, TALUK NORTH PARAVUR, KOCHI, KERALA ., PIN - 683518 BY SRI DINESH, DSGI SRI BIDAN CHANDRAN, SC SMT VIDYA KURIAKOSE, GP BABU KARUKAPPADATH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 12955 OF 2025 4 2025:KER:29165 JUDGMENT Dated this the 04th day of April, 2025 The writ petition is filed to direct the 2nd respondent to consider and dispose of Ext.P2(b) representation submitted by the 6th petitioner expeditiously. 2. The petitioners are the in-charge of the educational institutions situated in the vicinity of the Koonammavu junction. The petitioners case is that, due to the widening of the National Highway (NH-66), the Koonammavu Junction is being divided into two parts. On account of the blockage created by the construction of fly over, children have to travel approximately 850 meters through a narrow service road to reach the nearest vehicular underpass. Pointing out the above difficulties, the 6th petitioner has submitted Ext.P2(b) representation before the 2nd respondent on WP(C) NO. 12955 OF 2025 5 2025:KER:29165 04.02.2025. However, the 2nd respondent has not considered the same. The inaction on the part of the 2nd respondent is arbitrary. Hence, the writ petition. 3. Heard; the learned counsel for the petitioners, the learned Central Government Counsel appearing for the respondents 1 to 5, the learned Government Pleader and the learned Standing Counsel for the 9th respondent Panchayat. 4. On a consideration of the facts and the materials on record, particularly that Ext.P2(b) representation is pending consideration before the 2nd respondent, without expressing anything on the merits of the matter, I deem it appropriate to direct the 2nd respondent to consider and dispose of the same, in accordance with law. In the above said circumstances, I direct the 2nd respondent to consider Ext.P2 representation, in accordance with law and as expeditiously as possible, at any rate, within 30 days from the date of production of a WP(C) NO. 12955 OF 2025 6 2025:KER:29165 copy of this judgment, after affording a representative of the petitioners an opportunity of being heard. The writ petition is ordered accordingly. Sd/- C.S.DIAS, JUDGE NAB WP(C) NO. 12955 OF 2025 7 2025:KER:29165 APPENDIX OF WP(C) 12955/2025 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ROUGH SKETCH SHOWING THE LIE OF THE AREA WITH DETAILS OF THE EDUCATIONAL INSTITUTIONS EXHIBIT P2 TRUE COPY OF REPRESENTATION SUBMITTED BY THE NH 66 ACTION COUNCIL BEFORE THE PROJECT DIRECTOR, NHAI, KOCHI DATED 13/11/2024 EXHIBIT P2(a) TRUE COPY OF REPRESENTATION SUBMITTED BY THE NH 66 ACTION COUNCIL BEFORE THE HON’BLE MINISTER FOR ROAD TRANSPORT & HIGHWAYS, NEW DELHI DATED 12/12/2024 EXHIBIT P2(b) TRUE COPY OF REPRESENTATION SUBMITTED BY 6TH PETITIONER REPRESENTING NH 66 ACTION COUNCIL SEEKING THE UNDER PASS IN THE AREA BEFORE THE REGIONAL OFFICER, NHAI (MORTH), TRIVANDRUM DATED 04/02/2025 EXHIBIT P3 TRUE COPY OF THE MINUTES OF MEETING OF KOTTUVALLY GRAMA PANCHAYAT DATED 29.10.2024 EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER IN W.P. (C).NO.30891 OF 2023 DATED 18.10.2023 EXHIBIT P5 TRUE COPY OF THE CIRCULAR DATED 30.01.2025 ISSUED BY MINISTRY OF ROAD TRANSPORT & HIGHWAYS EXHIBIT P6 TRUE COPY OF THE RELEVANT EXTRACT OF INDIAN ROADS CONGRESS 2019 (SECOND REVISION)