Raghavan Nair vs Deputy Collector
2021 Latest Caselaw 22546 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
    THURSDAY, THE 18TH DAY OF NOVEMBER 2021 / 27TH KARTHIKA, 1943
                         OP(C) NO. 338 OF 2021
  AGAINST THE ORDER/JUDGMENT IN OP 216/2018 OF ADDITIONAL DISTRICT
                     COURT KOZHIKODE- II, KOZHIKODE
PETITIONER/S:

     1     RAGHAVAN NAIR
           AGED 69 YEARS
           S/O. LATE NARAYANI AMMA, POOMADATHIL HOUSE, POONATH P.O,
           NADUVANNUR VIA, KOZHIKODE DISTRICT-673 614
     2     DEVI AMMA,
           D/O. LATE NARAYANI AMMA, POOMADATHIL HOUSE, POONATH P.O,
           NADUVANNUR VIA, KOZHIKODE DISTRICT- 673 614
           BY ADVS.
           K.M.JAMALUDHEEN
           SMT.LATHA PRABHAKARAN
           SHRI.PATHROSE C.


RESPONDENT/S:

     1     DEPUTY COLLECTOR
           COMPETENT AUTHORITY, GAS AUTHORITY OF INDIA LIMITED
           (GAIL), KKBMPL PROJECT OFFICE, 10TH FLOOR, REVENUE TOWER,
           PARK AVENUE ROAD, KOCHI 682 011.
     2     CHIEF MANAGER,
           GAS AUTHORITY OF INDIA LIMITED (GAIL), KINFRA HIGHTECH
           PAK, KALAMASSERY, HMT COLONY P.O, KOCHI-682 311.
           BY ADVS.
           SHRI.AJITH KRISHNAN
           SRI.S.MOHAMMED AL RAFI


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18.11.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 338 OF 2021
                                 2

                               JUDGMENT

Dated this the 18th day of November, 2021

The petitioners are aggrieved by the inordinate

delay in the Competent Authority passing the award

fixing 10% of the market value as provided under section

10(4) of the Petroleum and Minerals Pipe Lines

(Acquisition of Right of User in Land) Act 1962, ('the Act'

for short)

2.Learned counsel for the 2nd respondent submitted

that the Competent Authority has passed the award on

10.11.2021. This is recorded.

The Competent Authority having passed the award,

the petitioner should resort to the remedy under Section

10 (5) of Act, if dissatisfied with the compensation fixed.

The original petition is hence closed, reserving the

petitioner's liberty, as aforementioned.

Sd/-

V.G ARUN JUDGE

SJ OP(C) NO. 338 OF 2021

APPENDIX OF OP(C) 338/2021

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE O.P. NO. 216/2018 PENDING BEFORE THE II ADDITIONAL DISTRICT COURT, KOZHIKODE.

EXHIBIT P2 THE TRUE DECISION REPORTED IN 2020(6) KLT 434 OF THIS HON'BLE COURT.

EXHIBIT P3 THE TRUE COPY OF THE AFFIDAVIT AND PETITION IN I.A. NO. 4/2020 IN O.P. NO. 216/2018 ON THE FILE OF THE II ADDITIONAL DISTRICT COURT, KOZHIKODE.

EXHIBIT P4 THE TRUE COPY OF THE ORDER DATED 30.11.2020 IN I.A. NO. 4/2020 IN O.P. NO. 216/2018 OF THE FILE OF THE II ADDITIONAL DISTRICT COURT, KOZHIKODE.