IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

TUESDAY, THE 30^TH DAY OF MAY 2023 / 9TH JYAISHTA, 1945 WP(C) NO. 41444 OF 2022 PETITIONER/S:

1 MUHAMMED SHAFI S/O. MOIDEENKUTTY HAJI, KANNADAN HOUSE, KLARI SOUTH, EDARIKKODE, MALAPPURAM DISTRICT - 676501

2 MOIDEEN HAJI, S/O.MUHAMMED, KANNADAN HOUSE, KLARI SOUTH, EDARIKKODE, MALAPPURAM DISTRICT - 676501

3 SYED MUHAMMED ASHRAF, S/O.KUNCHIKOYA THANGAL, PALLIKKAD HOUSE, KLARI SOUTH, EDARIKKODE, MALAPPURAM DISTRICT - 676501

4 SOOPI, S/O.AHAMMED VATTAPPARAMBU, KLARI SOUTH, EDARIKKODE, MALAPPURAM DISTRICT - 676501

5 ALIKUTTY, S/O.ALAVIKUTTY, KAZHUNGIL, KLARI SOUTH, EDARIKKODE, MALAPPURAM DISTRICT - 676501

6 UMMER.V.P., S/O. POCKER, VATTAPARAMBIL HOUSE, KLARI SOUTH, EDARIKKODE, MALAPPURAM DISTRICT - 676501

7 SAINUDHEEN, S/O. POCKER, VATTAPARAMBIL HOUSE, KLARI SOUTH, EDARIKKODE, MALAPPURAM DISTRICT - 676501

8 MUHAMMED HAJI, S/O.ALI MUSSALIAR, THOOMPATHU, KLARI SOUTH, EDARIKKODE, MALAPPURAM DISTRICT - 676501

9 ABDUL SALAM, S/O.AHAMMED, KALATHINGAL HOUSE, KLARI SOUTH, EDARIKKODE, MALAPPURAM DISTRICT - 676501

10 MOOSAKUTTY, S/O.KUTTY HASSAN HAJI, KADAKKOTTU HOUSE, KLARI SOUTH, EDARIKKODE, MALAPPURAM DISTRICT - 676501 BY ADVS.

G.HARIHARAN PRAVEEN.H. K.S.SMITHA V.R.SANJEEV KUMAR GENTLE C.D.

RESPONDENT/S:

1 MINISTRY OF ROAD TRANSPORT AND HIGHWYAS GOVERNMENT OF INDIA, SANSAD MARG, NEW DELHI, 110001, REPRESENTED BY ITS PRINCIPAL SECRETARY 2 COMPETENT AUTHORITY AND DEPUTY COLLECTOR, [LAND ACQUISITION] [NH], ,OFFICE OF THE DEPUTY COLLECTOR, LAND ACQUISITION, THAZHEKOZHICHENA, MALAPPURAM DISTRICT - 676508

3 THE SPECIAL TAHSILDAR [LAND ACQUISITION][NH]

LAND ACQUISITION UNIT NO.1, TIRURANGADI, MALAPPURAM DISTRICT - 676306

4 DISTRICT COLLECTOR, CIVIL STATION, MALAPPURAM DISTRICT - 676505

5 PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, PALARIVATTOM, ERNAKULAM DISTRICT - 682024

6 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,. PUBLIC WORKS DEPARTMENT, ROADS &

BRIDGES, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

BY ADV VISHNU PRADEEP, CSG SRI.S.MANU, DSGI SMT.RESHMI THOMAS, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

The petitioners have approached this Court essentially seeking the provision of an underpass while completing the elevated road, which forms part of the National Highway-66 within the jurisdiction of the Edarikode Grama Panchayat, Tirurangadi Taluk of Malappuram district.

2. When this writ petition came up for consideration today, it is the submission of the learned counsel appearing for the National Highway Authority that at the request of the petitioners, an inspection was carried out and a report was submitted by an independent engineer before the fifth respondent. It is submitted that the report suggests the provision of a box culvert and the same is under the active consideration of the fifth respondent. It is submitted that this writ petition can, therefore, be disposed of directing the fifth respondent to take a decision in the matter forthwith based on the recommendation made by the independent engineer.

3. The learned counsel appearing for the petitioners would submit that this writ petition can be disposed of with such a direction.

Accordingly, this writ petition will stand disposed of, directing the fifth respondent to take a decision on the report submitted by the independent engineer regarding the provision of a box culvert to enable the easy access to either sides of the National Highway, as requested for by the petitioners, within a period of two months from the date of receipt of a certified copy of this judgment.

Sd/-

GOPINATH P., JUDGE rkj APPENDIX OF WP(C) 41444/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTIFICATION NO.D-

355/2021/TG1 888 (142) DATED 04.03.2021 ISSUED BY THE 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE REQUEST DATED 16.09.2022 FILED BY THE PETITIONERS TO THE 1ST RESPONDENT ALONG WITH ITS P