Salini V.S. vs Union Of India
2021 Latest Caselaw 12174 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

     FRIDAY, THE 23RD DAY OF APRIL 2021 / 3RD VAISAKHA, 1943

                       WP(C).No.8802 OF 2021(A)

PETITIONERS:

      1        SALINI V.S., AGED 64 YEARS,
               W/O. LATE T.G. JAYAPRAKASHAN,
               RESIDING AT THAMBIPARAMBIL, CHERIYAPPILLY JUNCTION,
               KAITHARAM P.O., NORTH PARAVUR, ERNAKULAM-683 519.

      2        JOLLY A.C., AGED 58 YEARS, W/O. LATE T.G. VIJAYAN,
               RESIDING AT THAMBIPARAMBIL, CHERIYAPPILLY JUNCTION,
               KAITHARAM P.O., NORTH PARAVUR, ERNAKULAM-683 519.

      3        RAGHUVARAN T.G., AGED 73 YEARS, S/O. GOPALAN T.V.,
               THAMBIPARAMBIL, BMRA 85A, BALAKRISHNA MENON ROAD,
               ANCHUMANA, EDAPALLY, KOCHI-682 024.

               BY ADVS.
               SRI.ARUN.B.VARGHESE
               SMT. AISWARYA V.S.

RESPONDENTS:

      1        UNION OF INDIA,
               REPRESENTED BY ITS SECRETARY,
               MINISTRY OF ROAD TRANSPORT AND HIGH WAY,
               TRANSPORT BHAWAN, 1, PARLIAMENT STREET,
               NEW DELHI-110 001.

      2        THE PROJECT DIRECTOR,
               NH 66, DEVELOPMENT PROJECT,
               ERNAKULAM (KAPPIRKKAD-EDAPALLY SECTION),
               NATIONAL HIGH WAY AUTHORITY OF INDIA, MAVELIPURAM,
               KAKKANAD-682 030.

      3        SPECIAL DEPUTY COLLECTOR,
               LAND ACQUISITION N.H.66, NORTH PARAVUR,
               ERNAKULAM-683 513.

               BY ADVS. SMT.MINI GOPINATH, CGC
                        SMT.VINEETHA B., GOVERNMENT PLEADER
                        SRI.MATHEWS K.PHILIP, SC

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION              ON
23.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8802 OF 2021(A)

                               2


                P.V.KUNHIKRISHNAN (J)
         ----------------------------------
                WP(C) No.8802 of 2021
         ----------------------------------
         Dated this the 23rd day of April, 2021
                           JUDGMENT

The above writ petition is filed

with the following prayers:

"1. To issue a writ of mandamus or any other writ or order directing the 2nd respondent to pass orders on Exhibit P6 objection submitted by the 3rd writ petitioner which has been forwarded to the 2nd respondent by the 3rd respondent after affording an opportunity of being heard.

2. To issue a writ of mandamus or any other writ or order directing the 2nd respondent to consider and pass orders on Exhibit P9 and P10 submitted by the writ petitioners 1 and 2 after affording an opportunity of hearing.

3. To issue a writ of mandamus or any other writ or order directing the respondents not to proceed further against the property of the writ petitioners as per Exhibit P3 notification till orders are passed by the 2nd respondent on the objections.

4. To issue a writ of Certiorari or any other writ or order calling for the records relating to Exhibit P3 and quash the same.

5. To declare that the respondents cannot acquire the land of the writ petitioners WP(C).No.8802 OF 2021(A)

on the basis of Exhibit P3 notification

AND

6. To pass any other appropriate writ or order as is deemed fit and proper by this Honourable Court."

2. Writ petitioners are the owners of

certain items of property in Sy.No.181/7 in

Kottuvally Village. First respondent issued

Ext.P2 notification for acquiring the land as

part of widening of the National Highway 66 (old

NH-17) and also for constructing four lane road

from its four level 411.845 Km to 438.60 Km.

Subsequently, Ext.P2 was cancelled and a fresh

notification was issued as per Ext.P3.

3. According to the petitioner, the land

proposed to be acquired as per Ext.P2 in

Sy.No.181/7 was 0.0202000 hectares, whereas it

became 0.1671 hectares as per Ext.P3

notification. The writ petitioners are aggrieved

by a small reach from chainage 408+700 to 409+100

within the Kappirikkad-Edappally section. Hence, WP(C).No.8802 OF 2021(A)

the writ petitioners submitted Exts.P4, P5 and P6

objections before the 3rd respondent requesting to

change the proposed acquisition of the small

reach of 408+700 to 409+100 within the

Kappirikkad-Edappally section. The 3rd respondent

dismissed the representations of the petitioners

as per Exts.P7 and P8 orders. But in Exts.P7 and

P8, it is specifically stated that the 3rd

respondent has no authority to take a decision on

change of alignments. Therefore, it is stated

that the copy of the objection and statement are

forwarded to the 2nd respondent. Thereafter the

petitioners submitted Exts.P9 and P10

representations before the 2nd respondent.

4. The grievance of the petitioners is that

the 2nd respondent is not taking any final

decision on Exts.P9 and P10. They sent Exts.P11

and P12 reminders also, to the 2nd respondent.

Hence, this writ petition is filed. WP(C).No.8802 OF 2021(A)

5. It is clear from Exts.P7 and P8 that the

3rd respondent forwarded the statement and

objection of the petitioners to the 2nd

respondent. Therefore the 2nd respondent is bound

to take a decision on it. Now the petitioners

submitted Exts.P9 and P10 also before the 2nd

respondent. Ext.P6 is already forwarded to the 2nd

respondent by the 3rd respondent.

Therefore this writ petition is disposed

of, directing the 2nd respondent to consider

Exts.P6, P9 and P10 submitted by the petitioners

and to pass appropriate orders in it after

affording an opportunity of hearing to the

petitioners. The 2nd respondent will complete the

above exercise within a period of six weeks from

the date of receipt of a copy of this judgment.

Sd/-

P.V.KUNHIKRISHNAN, JUDGE.

ww WP(C).No.8802 OF 2021(A)

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF PARTITION DEED NO.570/2005 OF SRO, PARAVUR.

EXHIBIT P2 TRUE COPY OF THE RELEVANT PORTION OF NOTIFICATION DATED 29.11.2019 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE RELEVANT PORTION OF NOTIFICATION DATED 13.02.2020 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE OBJECTION DATED 15.04.2020 SUBMITTED BY THE 1ST WRIT PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE OBJECTION DATED 15.04.2020 SUBMITTED BY THE 2ND WRIT PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE OBJECTION DATED 15.04.2020 SUBMITTED BY THE 3RD WRIT PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE ORDER NO.A2-144/2020/28/KTVLY DATED 19.10.2020 ISSUED BY THE 3RD RESPONDENT WITH RESPECT TO THE 1ST WRIT PETITIONER.

EXHIBIT P8 TRUE COPY OF THE ORDER NO.A2-144/2020/30/KTVLY DATED 19.10.2020 ISSUED BY THE 3RD RESPONDENT WITH RESPECT TO THE 2ND WRIT PETITIONER.

EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 06.11.2020 SUBMITTED BY THE 1ST WRIT PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 06.11.2020 SUBMITTED BY THE 2ND WRIT PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE LETTER DATED 31.12.2020 SUBMITTED BY THE 1ST WRIT PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P12 TRUE COPY OF THE LETTER DATED 31.12.2020 SUBMITTED BY THE 2ND WRIT PETITIONER BEFORE THE 2ND RESPONDENT.