IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR &

THE HONOURABLE MR. JUSTICE S.MANU MONDAY, THE 27^TH DAY OF JANUARY 2025 / 7TH MAGHA, 1946 WP(C) NO. 46083 OF 2024 PETITIONERS:

1 JANAKEEYA VIKASANA SAMITHY REPRESENTED BY ANUP UNNIKRISHNAN, S/O UNNIKRISHNAN, AGED 48 YEARS, GAYATRI, SANKARA NARAYANAN, KORATTY SOUTH P.O, THRISSUR DISTRICT, PIN – 680 308

2 FEDERATION OF RESIDENTS' ASSOCIATION REPRESENTED BY PAULSON K.P, S/O. PAULOSE, AGED 67 YEARS, KOTTAKARAN KORATTY KORATTY EAST P.O, THRISSUR DISTRICT, PIN – 680 308 BY ADVS.

K.RAJESWARY ANIL PRABHA.K ALEENA ANABELLY A.

NAVYA SUNNY EMMANUEL ABEY RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001

2 THE SECRETARY DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001

3 THE SECRETARY, PUBLIC WORKS DEPARTMENT PUBLIC OFFICE, THIRUVANANTHAPURAM,, PIN – 695 033

4 THE DISTRICT COLLECTOR FIRST FLOOR, CIVIL STATION, CIVIL LINES ROAD, KALYAN NAGAR, AYYANTHOLE, THRISSUR, PIN – 680 003

5 THE SUPERINTENDING ENGINEER PUBLIC WORKS DEPARTMENT, UDAYA NAGGER, CHEMBUKKAVU, THRISSUR, PIN – 680 020

6 THE NATIONAL HIGHWAYS AUTHORITY OF INDIA FWQJ+G5V, PALKULANGARA, THIRUVANANTHAPURAM, KERALA,, PIN – 695 024

7 THE PROJECT DIRECTOR NATIONAL HIGHWAYS AUTHORITY OF INDIA, CHANDRA NAGAR EXTENSION, PALAKKAD, KERALA, PIN – 678 007

8 THE SECRETARY KORATTY GRAMA PANCHAYATH, CHALAKUDY, TRISSUR DISTRICT, PIN – 680 308 BY ADVS.

B.G.BIDAN CHANDRAN, SC, NATIONAL HIGHWAYS AUTHORITY OF INDIA SHRI.PHILIP T.VARGHESE, SC, KORATTY GRAMA PANCHAYATH OTHER PRESENT:

SRI JIJO PAUL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT Dated this the 27^th day of January, 2025 Nitin Jamdar, C.J.

Heard Ms. A. Aleena Anabelly, learned counsel for the Petitioners and Mr. B.G. Bidan Chandran, learned Standing Counsel for the National Highways Authority of India (NHAI).

2. The Petition is filed in public interest by Janakeeya Vikasana Samithy, an action forum established by the residents of Chirangara and the Federation of Residents’ Association, Koratty making a grievance regarding the vehicular underpass near the Township on National Highway - 544 with four-lane configuration.

3. The grievance of the Petitioners, in short, is that though an underpass has been provided, it is designed for light vehicular use, which will prohibit the entry of heavy vehicles onto the roads adjacent to the National Highway. According to the Petitioners, it will significantly impede the accessibility and mobility of the residents of the region. In their representation (Ext.P8) dated 6 December 2024, the Petitioners have listed their grievances and have sought to contend that the parameters existing on site will justify provision for a heavy vehicular underpass.

4. The learned counsel for the Petitioners relied upon the Manual for Specifications and Standards for Six Laning of Highways issued by the Indian Roads Congress more particularly, the clause which provides for and deals with the specifications of the underpass. Based on clause 2.10 of the Manual regarding lateral and vertical clearances at underpasses and the table prescribed under 2.10.2, the learned counsel contended that for a vehicular underpass, vertical clearance of 5.5 metres has to be provided which is not being provided on site. Clause 2.10.2 of the Manual of Indian Roads Congress provides for three different types of Underpasses. What the Respondents have proposed is a light vehicular underpass which stipulates vertical clearance of 4.0 metres. The decision whether at this site there should be a Light Vehicular Underpass or Heavy Vehicular Underpass is a decision which depends on various factors and the said decision will have to be taken by the Respondent – NHAI.

5. Since the Petitioners have filed a representation setting out the reasons which according to them justify the provision