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2025 DIGILAW 1607 (KER)

Sebi A. L. , S/o Lonan A. v. VS State of Kerala

2025-06-09

N.NAGARESH

body2025
JUDGMENT : N.NAGARESH, J. The petitioners, who are residents of Chennur Village of Kadamakkudy Panchayat, seek to direct respondents 3 to 6 to reconsider the current alignment of the bridge which causes extreme inconvenience to the lives and livelihood of the natives of that area. 2. The petitioners are residents of Chennur Village. Kothad is an island near Chennur surrounded by Periyar river. For the residents of Kothad, in order to reach Chennur, they can use surface transport through Varapuzha Church road. It is a longer route and extremely time consuming. The authorities decided to construct Kothad - Chennur bridge. A survey was conducted many years ago and an alignment was finalised. The approach road and bridge were to pass over the existing PWD road and no land acquisition was required. 3. However, the authorities conducted a further survey and decided that the proposed road alignment will not be connected to the PWD road. As per the new alignment, the land of the petitioners was to be acquired. The petitioners state that they had already surrendered 4 metres from both sides of the road to develop the Ferry road. The present rearrangement would force demolition of many houses and shops. 4. According to the petitioners, there is a steep dangerous curve on the part that connects the bridge and the main road. Chances of accident are high. There is a possibility of traffic congestion also. If the original alignment is followed, large scale land acquisition will not be required. Therefore, the respondents are compellable to reconsider the present alignment. The petitioners also seek publication of social impact assessment report. 5. The 5 th respondent-Goshree Islands Development Authorities resisted the writ petition. The 5 th respondent stated that following a meeting with Kochi Metro Rail Limited for utilisation of Water Metro acquired land for the construction of Kothad – Chennur bridge, it was suggested that the access road at Chennur and Kothad terminals should have a minimum width of 6 metres up to the terminal. The approach span must be extended to a width of 38 metres to accommodate the approach of the Water Metro Boats. 6. Therefore, the general design drawing has been updated. GIDA organised a meeting with land owners situated within the alignment of the current plan. The land owners gave consent letter agreeing to surrender their land to facilitate the bridge construction. 6. Therefore, the general design drawing has been updated. GIDA organised a meeting with land owners situated within the alignment of the current plan. The land owners gave consent letter agreeing to surrender their land to facilitate the bridge construction. The authorities of Sacred Heart Church, Kothad also generously surrendered a portion of their very ancient cemetery for construction of the bridge. The writ petition is therefore without any merit and is only to be rejected. 7. The 3 rd respondent-PWD also resisted the writ petition. The 3 rd respondent submitted that the alignment prepared by the PWD was strictly observing the routes and after studying many factors such as flow of the river, structure of the land, accessibility to the bridge, possibility of approach road and certain other social factors. The writ petition is without any merit and it is liable to be dismissed. 8. I have heard the learned counsel for the petitioners, the learned Government Pleader representing respondents 1 to 3, the respective Standing Counsel appearing for respondents 4 to 6 and the learned counsel appearing for respondents 10 to 17. 9. The petitioners state that the revised alignment of Kothad - Chennur bridge will be resulting in large scale acquisition of land. If the first alignment is followed, land need to be acquired from only one person. The GIDA held a meeting with Kochi Metro Rail Limited concerning the utilisation of Water Metro acquired land for the construction of the Kothad – Chennur bridge. The Kochi Metro Rail Limited suggested that the access road at Chennur and Kothad terminals should have a minimum width of 6 metres extending the approach span width to accommodate the approach of the Water Metro Boats, which is essential. 10. In view of the above, it became necessary to revise the bridge design. It was in these circumstances that a revised alignment plan was drawn. Even as per the revised alignment plan, only about 20 Ares of land need to be acquired. No residential houses will be affected. The current alignment was determined after conducting a comprehensive feasibility study. Mass petitions submitted by the local residents were considered. Changing the alignment is therefore uncalled for. It would delay the project also. In the afore circumstances, I do not find any merit in the writ petition. The writ petition is therefore dismissed.