Mubashir vs The District Collector
2021 Latest Caselaw 14862 Ker

WP(C) NO. 14128 OF 2021       1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
                    WP(C) NO. 14128 OF 2021
PETITIONER:

           MUBASHIR,
           AGED 40 YEARS,
           S/O UMMER,KUNDANATH HOUSE,
           PALATHINGAL.P.O, ULLANAM VIA, PARAPPANANGADI,
           MALAPPURAM-676303.

           BY ADV PRAVEEN K. JOY



RESPONDENT/S:


    1      THE DISTRICT COLLECTOR,
           COLLECTORATE ROAD, UP-HILL,
           MALAPPURAM-676505.

    2      THE TAHSILDAR,
           LAND ACQUISITION(GENE RAL),OFFICE OF THE SPECIAL
           TAHSILDAR LA, CIVIL STATION, MALAPPURAM-676505.

    3      THE PROJECT DIRECTOR,
           NATIONAL HIGHWAY ATHORITY OF INDIA, VAISHNAVAM,
           BEHIND POPULAR VEHICLE,CIVIL STATION.P.O,
           KOZHIKODE-673020.

    4      THE COMPETENTAUTHORITY AND SPECIAL DEPUTY
           COLLECTOR,
           LAND ACQUISITION, NATIONAL-HIGHWAY AUTHORITY OF
           INDIA, NEAR CIVIL STATION, MALAPPURAM-676504.

    5      ALAVI HAJI,
           AGED 70 YEARS
           S/O KUNUAHAMMED, KOTTAYIL,
           CHELUR DESOM, KURUMBATHOOR AMSOM, TIRUR TALUK,
           MALAPPURAM-676301.
 WP(C) NO. 14128 OF 2021            2




             SMT A C VIDHYA, GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   15.07.2021,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 14128 OF 2021               3




                                 JUDGMENT

Being aggrieved by the initiation of acquisition proceedings in exercise

of the powers under Act 30 of 2013, the petitioner has approached this

Court seeking directions. The petitioner contends that he has submitted a

detailed representation before the 1st respondent which is pending before

the said authority as Ext.P2. His limited request is for a direction to the 1st

respondent to consider Ext.P2 and take a decision in an expeditious

manner.

2. I have heard Sri. Praveen K. Joy, the learned counsel appearing

for the petitioner and the learned Government Pleader.

3. Having regard to the facts and circumstances and the

submissions made across the Bar, this writ petition is disposed of directing

the 1st respondent to take up Ext.P2 representation, if the same is in order,

and pass appropriate orders strictly in accordance with law, with notice to

the petitioner as well as the affected parties, if any. The orders as directed

above shall be passed as expeditiously, in any event, within a period of

three months from the date of production of a copy of this judgment.

4. The petitioner shall produce a copy of the writ petition along

with this judgment before the 1st respondent to ensure compliance.

This writ petition is disposed of.

SD/-

RAJA VIJAYARAGHAVAN V JUDGE NS

APPENDIX OF WP(C) 14128/2021

PETITIONER(S) EXHIBITS

Exhibit P1 THE TRUE COPY OF THE REQUEST BEFORE RESPONDENT 1 TO 4

Exhibit P2 THE TRUE COPY OF THE PETITION BEFORE 1ST RESPONDENT DATED 2.7.2021.

RESPONDENT(S) EXHIBITS    NIL