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2024 Supreme(Online)(KER) 8849

HIGH COURT OF KERALA
A. K. Jayasankaran Nambiar, SYAM KUMAR V.M., JJ
ABDUL RAZAK – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
K.M.SATHYANATHA MENON, AYISHA, SMT.MINI GOPINATH, CGC, SRI.V.K.SHAMSUDHEEN, SR.GOVERNMENT PLEADER

JUDGEMENT

Dated this the 09th day of July, 2024 Syam Kumar V.M., J. Apprehending that a stretch of the Six Lane National Highway No.66 (NH66), an arterial road connecting Panvel in Maharashtra to Kanyakumari in Tamil Nadu, while it passes through the neighbourhood of the appellants, might cut off their access to the utilities and institutions situated on the other side of the road, appellants who are residents of Marakkara Grama Panchayat in Malappuram District had filed W.P.(C) No.31606 of 2023 inter alia seeking a direction to the respondents to construct a Vehicular Underpass at a specified chainage so as to enable convenient access to both sides of NH 66.

2. The learned Single Judge, after an anxious consideration of the contentions put forth, dismissed the Writ Petition inter alia holding that since a Vehicular Underpass, accessible by making a slight detour of 369 meters has already been put up close to the appellants' neighbourhood thus ensuring a comparably convenient access to both sides of NH 66, the apprehension harboured by the appellants does not subsist any longer. The learned Single Judge further reasoned that when questions requiring technical expertise like the one r

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