Adil Abdulla vs Special Deputy Collector, ...
2021 Latest Caselaw 22466 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
                       WP(C) NO. 24632 OF 2021
PETITIONER:

          ADIL ABDULLA
          S/O LATE KUNHABDULLA, "DREAM HOME", PUTHUPPANAM
          P.O.VATAKARA, KOZHIKODE DISTRICT

          BY ADVS.
          K.MOHANAKANNAN
          H.PRAVEEN (KOTTARAKARA)



RESPONDENTS:

    1     SPECIAL DEPUTY COLLECTOR, (LA-NH-66)
          CIVIL STATION, JUMA MASJID , SH29, ERANHIPPALAM,
          KOZHIKODE, KOZHIKODE-673 020

    2     SPECIAL TAHSILDAR (LA-NH-A1) VATAKARA,
          OFFICE OF THE SPECIAL TAHSILDAR, VATAKARA, KOZHIKODE
          DISTRICT-673 101



          SMT. SURYA BINOY- SR. G.P




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24632 OF 2021
                                         2



                                 JUDGMENT

The petitioner has approached this Court

seeking that the 2nd respondent - Special

Tahsildar, who is also the Competent Authority

for Land Acquisition (CALA) under the

provisions of the National Highway Act (NH

Act), be directed to take up Ext.P3 and dispose

it of, within a time frame to be fixed by this

Court.

2. However, when one examines Ext.P3, it

becomes evident that what the petitioner is

seeking is a reassessment and revaluation of

the property - which has already been included

in an Award issued by the CALA, under the

provisions of the NH Act. It is now well

settled by this Court through various

judgments, including in WP(C) No.1996/2021 &

WP(C) No.12458/2021, that once an Award is

issued, the CALA becomes functus officio. WP(C) NO. 24632 OF 2021

Obviously, therefore, the petitioner will have

to invoke his statutory remedies against the

Award, by filing an appropriate application

under Section 3-G (5) of the NH Act before the

competent Authority.

Therefore, reserving the afore liberty to

the petitioner, subject to all other

requirements in law being satisfied, I dispose

of this writ petition without entering into the

merits of the contentions urged herein.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS/09/11/2021 WP(C) NO. 24632 OF 2021

APPENDIX OF WP(C) 24632/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE COMMUNICATION SENT BY THE 2ND RESPONDENT TO THE PETITIONER DATED 30.3.2021 WITH DETAILS OF COMPENSATION

Exhibit P2 TRUE COPY OF THE DETAILED VALUATION REPORT DATED NIL ISSUED BY THE AMOD CONSULTANTS

Exhibit P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 8.9.2021