Janardhanan.K.V vs The Project Director, National ...
2021 Latest Caselaw 21919 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
                       WP(C) NO. 15082 OF 2021
PETITIONER:

          JANARDHANAN.K.V
          S/O E.P.V.GOVINDAN, 'JANANI HOUSE', KUNHIMANGALAM
          VILLAGE, EDAT, P.O.EDAT, PAYYANUR TALUK, KANNUR
          DISTICT-670 327.

          BY ADV M.V.AMARESAN



RESPONDENTS:

    1     THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF
          INDIA, CIVIL STATION, KOZHIKODE, PIN-673 020.

    2     REGIONAL OFFICE,
          REPRESENTED BY REGIONAL OFFICER, NATIONAL HIGHWAY
          AUTHORITY OF INDIA, T.C 86/1936-1, AMBILI ARCADE,
          S.N.N RA-9, P.O.PETTAH, THIRUVANANTHAPURAM, PIN-695
          024.

    3     SPECIAL DEPUTY COLLECTOR,
          LAND ACQUISITION (NATIONAL HIGHWAY AUTHORITY OF
          INDIA) AND COMPETENT AUTHORITY, TALIPARAMBA, KANNUR,
          PIN-670 141


OTHER PRESENT:

          SMT.RESMI THOMAS G.P

          SHRI.MATHEWS K.PHILIP - SC, NHAI




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
  WP(C) NO. 15082 OF 2021             2

                                  JUDGMENT

The petitioner seeks a singular plea that the

1st respondent - Project Director of the National

Highway Authority of India (NHAI) be directed to

take up Ext.P2 representation and dispose of the

same, within a time frame to be fixed by this

Court.

2. Shri.Mathews K.Philip, learned Standing

Counsel appearing for the NHAI, submitted that if

the petitioner only requires Ext.P2 to be taken up

and disposed of by the 1st respondent, there does

not appear to be any legal impediment in doing so;

but prayed that this Court may not make any

affirmative declarations on the entitlement of the

petitioner to any relief and leave it to be decided

by the competent Authority, in terms of law.

Taking note of the afore circumstances, I allow

this writ petition and direct the 1st respondent to

take up Ext.P2 representation of the petitioner and

dispose of the same, after affording him an

opportunity of being heard; thus culminating in an

appropriate order thereon, as expeditiously as is

possible, but not later than two months from the

date of receipt of a copy of this judgment.

In order to obtain an expeditious compliance of

the afore directions, I direct the 2 nd respondent to

makeover Ext.P2 to the 1st respondent within a

period of one week from the date of receipt of a

copy of this judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/5.11

APPENDIX OF WP(C) 15082/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF REPRESENTATION DATED 10/.2.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT

Exhibit P1(A) TRUE COPY OF POSTAL ACKNOWLEDGMENT CARD RECEIVED BY 3RD RESPONDENT DATED 15.2.2021

Exhibit P2 TRUE COPY OF REPRESENTATION DATED 22.6.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST AND 2ND RESPONDENT S

Exhibit P2(A) TRUE COPY OF POSTAL ACKNOWLEDGMENT CARD RECEIVED BY 1ST RESPONDENT DATED 28.6.2021

Exhibit P2(B) TRUE COPY OF POSTAL ACKNOWLEDGMENT CARD RECEIVED BY 2ND RESPONDENT DATED 28.6.2021