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2026 Supreme(Online)(Ker) 24203

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Soumen Sen, CJ, Syam Kumar V.M., J
N.M Pearson – Appellant
Versus
Union of India – Respondent
WP(PIL) NO. 50 OF 2026



Advocates:
For the Appellants/Petitioners: Sri.T.N.Suresh, Shri.Yedu Krishna S., Smt.Aiswarya Unnikrishnan, Smt.Liya Ancyl
For the Respondents: Shri.Navaneeth.N.Nath, CGC (R1 to R4), Shri.K.S.Arun Kumar (R8), Smt.Vinitha B., Sr. GP

Courts can direct authorities to act based on representations made regarding public infrastructure matters.

Headnote:The case examines the necessity of a vehicular underpass at NH66, with the petitioner highlighting public inconvenience. The Court acknowledges communication from the Government of Kerala regarding the underpass and directs the National Highways Authority of India to take action within eight weeks. The final ruling confirms the disposition of the writ petition.

Table of Content
1. public need for infrastructure. (Para 1)
2. acknowledgment of previous governmental steps. (Para 2 , 3)
3. court's directive for action. (Para 4)
4. case concluded. (Para 5)

Dated this the 1st day of April, 2026 Soumen Sen , C.J .

This writ petition is filed, inter alia, highlighting the inconvenience that would be caused to the general public due to the absence of vehicular underpass at the crossing point of NH66 at Chittatukara Major Junction.

2. Today it is brought to our notice by the learned counsel appearing for the petitioner that the 5th respondent has already taken up the issue and has addressed a letter dated 12.03.2026 to the National Highways Authority of India with respect to the necessity of having an underpass at the said point and that steps are being pursued in furtherance of the said letter.

3. We note that the principal prayer in the writ petition is to consider Exts.P6 to P9 and other representations submitted by the petitioner with respect to the very same aspect which already stands covered vide letter dated 12.03.2026 issued by the Under Secretary to the Government, Public Works (D) Department, Government of Kerala, and is engaging the attention of the competent authorities.

4. In view of the above, we hereby dispose of this writ petition directing the 3rd respondent to consider and act upon the communication dated 12.03.2026 received from the Government of Kerala, within a period of eight weeks from date in consultation with all the stakeholders.

5. The writ petition is accordingly disposed of.

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