Savithri vs The Deputy Collector
2021 Latest Caselaw 16485 Ker

WP(C) NO. 12390 OF 2021          1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
                      WP(C) NO. 12390 OF 2021
PETITIONER/S:

    1      SAVITHRI,
           AGED 82 YEARS,
           W/O. LATE SUBRAMANIAN, MOONATTU HOUSE, MUKKANNOOR
           P.O. ANGAMALY 683 577.

    2      BABU.M.S.,
           AGED 53 YEARS,
           S/O. LATE SUBRAMANIAN, MOONATTU HOUSE, MUKKANNOOR
           P.O. ANGAMALY 683 577.

           BY ADVS.
           RAJESH SIVARAMANKUTTY
           R.S.SARAT
           K.VIJINA
           ARUL MURALIDHARAN



RESPONDENT/S:

    1      THE DEPUTY COLLECTOR,
           (COMPETENT AUTHORITY), KOCHI-SALEM PIPELINE
           PVT.LTD., (KSPPL), KARUN ENCLAVE, IIND FLOOR, ROOM
           NO. B2, S.N. JUNCTION, THRIPUNITHURA 682 301.

   *2      ADDL.R2.

           KOCHI-SALEM PIPELINE PRIVATE LIMITED,
           REP. BY ITS CHIEF EXECUTIVE OFFICER, NEAR CHOICE
           PARADISE, MALAYIL MAJESTY BUILDINGS, ROOM NO.174-G,
           2ND FLOOR, KARINGACHIRA, THRIPUNITHURA, ERNAKULAM -
           682 301.
 WP(C) NO. 12390 OF 2021               2


             [ADDL.R2 IS IMPLEADED AS PER ORDER DATED 29.07.2021
     *       IN I.A.1/2021 IN WP(C)12390/2021.]

             BY ADVS.
             MARIAM MATHAI
             SAJI VARGHESE, SC


             SRI SAYED M THANGAL, GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   05.08.2021,   THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 12390 OF 2021                3




                           JUDGMENT

Petitioners state that they are the absolute owners in title and

possession of property having an extent of 1 Ares and 75 sq.m. in Survey

No.298/12 of Block 15 of Mukkannur Village. The grievance of the

petitioners herein is that based on a request made by one of their

neighbours, the alignment of the pipeline has been changed by the

additional 2nd respondent. In the afore circumstances the 2nd petitioner

has submitted Ext.P3 representation before the 1st respondent. Their

prayer in this writ petition is for a direction to the said respondent to

consider Ext.P3 within a time frame.

2. When the writ petition has come up for admission, this Court had

directed the petitioner to implead the 'Kochi - Salem Pipeline Pvt. Ltd.

represented by the Chief Executive' as the additional 2nd respondent and

the additional 2nd respondent was impleaded.

3. Sri.Saji Varghese, the learned counsel appearing for the additional

2nd respondent submitted that the contentions of the petitioners are without

merit. According to the learned counsel, there is no change of alignment

and the contentions on those lines are baseless. It is further submitted that

since Ext.P3 is pending consideration, directions can be issued to the 2nd

respondent to consider the same.

4. Having regard to the facts and circumstances and the

submissions made across the Bar, there will be a direction to the petitioner

to approach the additional 2nd respondent and file a representation within a

period of one week from the date of receipt of a copy of this judgment

narrating his grievance. If such a representation is filed, the 2nd respondent

shall consider the same, with notice to the petitioner and pass appropriate

order on its merits expeditiously, in any event, within a further period of

three weeks.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V,

JUDGE sru

APPENDIX OF WP(C) 12390/2021

PETITIONER(S) EXHIBITS:

Exhibit P1 TRUE COPY OF THE NOTIFICATION NO.

MKNR/275/18 (32) DATED 12.6.2019 UNDER SECTION 6 (1) OF ACT 50/1962 ISSUED BY THE RESPONDENT TO THE 1ST PETITIONER.

Exhibit P2 TRUE COPY OF THE NOTIFICATION NO.

MKNR/275/2018 (30) DATED 11.6.2019 UNDER SECTION 6 (1) OF ACT 50/1962 ISSUED BY THE RESPONDENT TO SUBRAMANIAN.

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 5.4.2021 SUBMITTED BY THE 2ND PETITION TO THE RESPONDENT.

Exhibit P4 TRUE COPY OF THE POSTAL RECEIPT DOWNLOADED FROM THE SITE OF POSTAL DEPARTMENT REGARDING DELIVERY OF EXHIBIT P3 ON THE RESPONDENT.

RESPONDENT(S) EXHIBITS: NIL