2025:KER:14617 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 20TH DAY OF FEBRUARY 2025 / 1ST PHALGUNA, 1946 WP(C) NO. 30995 OF 2019 PETITIONER: T.A.SEETHI, AGED 52 YEARS, S/O.T.C.IBRAHIM KUTTY, OWNER OF THE COMMERCIAL BUILDING 'SAAS ARCADE', RESIDING AT KOLLAM KUDIYIL HOUSE, NEAR KMRL PILLAR NO.392, TOLL GATE, EDAPPALLY, KOCHI-682024. BY ADV.SRI.S.S.SRINATH RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANAD, ERNAKULAM-682030. 3 KALAMASSERY MUNICIPAL CORPORATION, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, KALAMASSERY, ERNAKULAM-682033. 4 MANAGING DIRECTOR, KOCHI METRO RAIL LTD, 8TH FLOOR, REVENUE TOWER, PARK AVENUE, ERNAKULAM--682 011. 5 PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, HOUSE NO.310, CHANDRANAGAR COLONY EXTENSION, PALAKKAD, KERALA-678 014. 2025:KER:14617 WP(C) NO. 30995 OF 2019 -2- *ADDL.R6 THE CORPORATION OF KOCHI, REPRESENTED BY SECRETARY, KOCHI - 682 011 *ADDL.R7 THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, GANDHINAGAR, KADAVANTHRA, ERNAKULAM. *ADDITIONAL R6 AND R7 ARE SUO MOTU IMPLEADED AS PER ORDER DATED 14.07.2020 IN WP(C).30995/2019. *ADDL.R8 NETHAJI ROAD RESIDENTS WELFARE ASSOCIATION, REG.NO.ER- 650/2003, 40/2434, ALUMPARAMBIL, PADIVATTOM, EDAPPALLY P.O., KOCHI - 682 024, REPRESENTED BY ITS SECRETARY, A.M.SURENDRAN. *ADDL.R8 IS IMPLEADED AS PER ORDER DATED 27/7/2020 IN I.A.2/2020 IN WP(C)30995/2019. *ADDL.R9 THE SUPERINTENDING ENGINEER PWD ROADS DIVISION, ERNAKULAM *IS SUO MOTU IMPLEADED AS PER ORDER DATED 04.11.2020 IN WP(C)30995/2019. BY ADVS.M.K.ABOOBACKER A.K.PREETHA I.SHEELA DEVI D.G.VIPIN SRI.MATHEWS K.PHILIP SRI.S.KANNAN, SR.GP SRI.KAROL MATHEWS SEBASTIAN ALENCHERRY C.ANIL KUMAR(K/000906/1993) DEVIKA MOHAN(K/1257/2021) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:14617 WP(C) NO. 30995 OF 2019 -3- JUDGMENT This Court has already issued several orders in this Writ Petition. 2. When this matter was called today, Sri.Srinath S.Subramanian – learned counsel for the petitioner, submitted that his client is no more and that no further orders are required in this matter because, on account of the earlier directions issued, the problem has been fully resolved. In the afore circumstances, I close this Writ Petition, recording the above submission of Sri.Srinath S.Subramanian and confirming all the impugned orders earlier issued. Sd/- DEVAN RAMACHANDRAN JUDGE akv 2025:KER:14617 WP(C) NO. 30995 OF 2019 -4- APPENDIX OF WP(C) 30995/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT OF THE COMMERCIAL PROPERTY FROM KALAMASSERY MUNICIPALITY DATED 21.1.2019. EXHIBIT P2 PHOTOGRAPHS TAKEN ON 21.10.2019 OF THE WATER LOGGING. EXHIBIT P3 TRUE COPY OF THE ROUGH SKETCH ILLUSTRATING THE AREA DATED 12.11.2019. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION BEFORE THE DISTRICT COLLECTOR, ERNAKULAM, DATED 23.10.2019. RESPONDENT EXHIBITS EXHIBIT R2(a) A TRUE COPY OF THE MINUTES OF MEETING ON 3/1/2020 AT THE CHAMBER OF THE 2ND RESPONDENT EXHIBIT R4(a): TRUE COPY OF APPROVAL FROM NHAI VIDE LETTER REF. NO.NHAI/KERALA MISC/2012/30378 DATED 27/07/2012 FOR THE KOCHI METRO RAIL PROJECTY IN THE NH STRETCH FROM ALUVA TO EDAPPALLY JUNCTION. EXHIBIT R4(b): TRUE COPY OF THE LETTER NO.NHAI.PIU/PALAKKAD/NH-47/KL- 1/2017/827 DATED 27/07/2017. EXHIBIT R4(c): TRUE COPY OF THE G.O.NO.(MS)NO.34/ 2017/TRANS DATED 19.04.2017. 2025:KER:14617 WP(C) NO. 30995 OF 2019 -5- EXHIBIT R4(d): TRUE COPY OF THE RELEVANT PAGES OF THE CONCESSION AGREEMENT ENTERED BY THE 5TH RESPONDENT. EXHIBIT R4(e): PHOTOGRAPHS SHOWING BOTH SIDES OF THE NH NEAR THE FLYOVER AREA. ANNEXURE R5(a) TRUE COPY OF THE LETTER NO.NHAI/TECH/ NS-2/NH 7&47/GEN/2009/511 DATED 01.10.2009 ISSUED BY THE GENERAL MANAGER NS-II, NATIONAL HIGHWAY AUTHORITY OF INDIA HEADQUARTERS, NEW DELHI TO THE DIRECTOR PROJECTS, DELHI METRO RAIL CORPORATION LTD., NEW DELHI. ANNEXURE R5(b) TRUE COPY OF THE PROCEEDINGS NO.NHAI/PIU-PALAKKAD/ENCROACHMENT/2017 /1409 DATED 21.12.2017 OF THE HIGHWAY ADMINISTRATION OFFICE OF THE PROJECT DIRECTOR, PIU-PALAKKAD ISSUED TO MANAGING DIRECTOR, KOCHI METRO RAIL LIMITED. ANNEXURE R5(c) TRUE COPY OF THE LETTER NO.NHAI/PIU- PALAKKAD/NH47/KOCHI METRO/2018/096 DATED 31.01.2018 ISSUED BY THE PROJECT DIRECTOR PIU-PALAKKAD TO THE GENERAL MANAGER NS-II, NATIONAL HIGHWAY AUTHORITY OF INDIA HEADQUARTERS, NEW DELHI. ANNEXURE R5(d) TRUE COPY OF THE COMMUNICATION AS PER LETTER NO: NHAI/PD/PALAKKAD/NH47/BOT/ KL-1/KOCHI METRO/152 DATED 18.02.2020 ISSUED BY THE 5TH RESPONDENT TO THE 2ND RESPONDENT. 2025:KER:14617 WP(C) NO. 30995 OF 2019 -6- ANNEXURE R5(e) TRUE COPY OF THE LETTER NO.MSV/PR/ 230 /KERALA/IE-NHAI/2019/IC-269 DATED 18.02.2020 ISSUED BY THE MSV INTERNATIONAL TECH PVT. LTD., THRISSUR TO THE 5TH RESPONDENT. ANNEXURE A1 A TRUE COPY OF THE STATEMENT SUBMITTED BY THE KMRL. ANNEXURE A2 A TRUE COPY OF THE LETTERS DATED 06.07.2020 SUBMITTED BY THE 34TH WARD COUNCILOR. ANNEXURE A2(a) A TRUE COPY OF THE PHOTOGRAPHS OF THE AREA OF DISTRESS SUBMITTED BY 34TH WARD COUNCILOR. ANNEXURE A2(b) A TRUE COPY OF THE SKETCH SUBMITTED BY 34TH WARD COUNCILOR. ANNEXURE A3 A TRUE COPY THE NOTE SUBMITTED BY THE CHAIRMAN OF OPERATION BREAK THROUGH. ANNEXURE A4 A TRUE COPY OF THE SERIES OF REPRESENTATIONS FROM THE NEARBY RESIDENT ASSOCIATIONS AND THE RESIDENTS. ANNEXURE A5 A TRUE COPY OF THE SKETCH PREPARED BY THE AMICUS CURIAE. ANNEXURE A6 A TRUE COPY OF THE PHOTOGRAPHS OF THE CANAL. ANNEXURE A7 A TRUE COPY OF THE PHOTOGRAPHS OF THE RAIN WATER INLETS PLACED ON THE NATIONAL HIGHWAY. 2025:KER:14617 WP(C) NO. 30995 OF 2019 -7- EXHIBIT R6(a): TRUE COPY OF THE REPRESENTATION DATED 22.11.2019 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. ANNEXURE R5(a) TRUE COPY OF THE POLICY GUIDELINES F.NO.RW/NH-33044/29/2015/S&R(R) DATED 22.11.2016 ISSUED BY THE MINISTRY OF ROAD TRANSPORT & HIGHWAYS.