SOUHRITHA RESIDENTIAL ASSOCIATION Vs. STATE OF KERALA

JUDGEMENT

(1.) The writ petition is filed in the nature of a Public Interest Litigation by the Elevated Highway Gunabhokthru Karma Samithi, Kodungallur Taluk.

(2.) So far as OP(C)1714/2013 is concerned, this is actually a petition filed complaining of the interim order passed in I.A 1896/2013 in CMA 7/13 on the file of the Principal Subordinate Judge of Irinjalakuda. As a matter of fact, the Public Interest Litigation was initiated on 25.2.2013 and the Original Suit was simultaneously filed by Souhrida Residential Association, inter alia, seeking permanent injunction and other reliefs apart from asking for temporary injunction in I.A No.319/2013 in O.S No.248 of 2013. At the time of filing the writ petition though there was insistence for an interim order, no interim order of any nature came to be passed and, on the other hand, having regard to Exts.P7 and P8 filed in the writ petition, we directed the Government Pleader to secure instruction to know at what stage the implementation of the elevated Highway is pending.

(3.) In response to the same, a counter affidavit along with several documents, sketch and photographs has been filed on behalf of the respondents 4 to 6. Subsequent to this order, the above said residential Association approached the Munsiff Court, Kodungallur, which ended up in a 20 page order as per Ext.P4, wherein the State Government and other authorities were restrained by an order of temporary injunction from constructing bypass (allegedly separating the western portion from eastern portion in the area by the petitioners by preventing direct access from west to east) without constructing an elevated Highway. However, the learned Munsiff was kind enough to reserve liberty to the respondents to approach Munsiff seeking vacation of the order on producing the approval for constructing elevated Highway from the concerned authority or on producing the assurance from the concerned authority with respect to the construction of elevated Highway within a reasonable time. It is brought on record by the respondent authorities, by way of counter affidavit in writ petition as well as original petition, regarding several issues and also the hardship and irreparable injury that would be caused to the respondents by an order of temporary injunction granted by the Munsiff concerned.