Lekshmi Shine vs State Of Kerala
2021 Latest Caselaw 22998 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
                      WP(C) NO. 26181 OF 2021
PETITIONER:

          LEKSHMI SHINE
          AGED 43 YEARS
          D/O. LATE G.RAMESH BABU, SHEEJA BHAVAN, MARUTHADI
          P.O., SAKTHIKULANGARA VILLAGE, KOLLAM DISTRICT,
          KERALA-691003.

          BY ADV AK MUHAMMED HASHIM
          BY DHEERAJ KRISHNAN PEROT


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY PRINCIPAL SECRETARY, REVENUE (B)
          DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM
          DISTRICT, PIN-695001.

    2     THE SPECIAL DEPUTY COLLECTOR (L.A.) NH-47,
          KOLLAM DISTRICT, KOLLAM, KERALA-691013.

    3     SPECIAL TAHASILDAR,
          LA NH AI 66, NO.II, VADAKKEVILA P.O., PALLIMUKKU,
          KOLLAM-691010.

    4     KRISHNAVENI,
          W/O. LATE G.RAMESH BABU, DWARAKA, SAKTHIKULANGARA,
          KOLLAM-691581.

    5     NALINY R.,
          D/O. LATE G.RAMESH BABU, DWARAKA, SAKTHIKULANGARA,
          KOLLAM-691581.

    6     SHIJI RAVI,
          S/O. RAVI, DWARAKA, SAKTHIKULANGARA, KOLLAM-691581.

          SMT.K.AMMINIKUTTY - SR. GP
          SHRI.MATHEWS K.PHILIP - SC - NHAI

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 26181 OF 2021            2

                            JUDGMENT

The petitioner has approached this Court with a

singular plea that the 3rd respondent - Special

Tahsildar, who is also the Competent Authority for

Land Acquisition (CALA) appointed under the

provisions of the National Highways Act ('NH Act'

for short), be directed to take up Ext.P5

representation of hers and grant her the eligible

benefits under the provisions of the Right to Fair

Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 ('Fair

Compensation Act' for short), reckoning her as a

'person interested' with respect to the property

acquired by them.

2. Smt.K.Amminikutty, learned Senior Government

Pleader answered the afore submissions of

Shri.Dheeraj Krishnan Perot, saying that if the

petitioner only requires Ext.P5 to be taken up and

disposed of as per law by the 3 rd 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. She,

however, submitted that since the National Highway

Authority of India (NHAI) has not been impleaded as

a party respondent in this writ petition, liberty

may be given to the 3rd respondent to hear the

Project Director or such other competent Official of

the said Authority also, before final orders are

issued.

3. On hearing Smt.K.Amminikutty as afore, I

asked Shri.Mathews K.Philip, learned Standing

Counsel for the NHAI, who was present in Court with

respect to another matter, whether he would object

to the disposal of this writ petition in the manner

as suggested by her. He answered to the negative and

submitted that if his client is also given an

opportunity of being heard, then there would be no

legal impediment in Ext.P5 being considered as per

the applicable provisions.

In the afore circumstances, I allow this writ

petition and direct the 3rd respondent to take up

Ext.P5 representation of the petitioner and dispose

of the same, after affording her, as also the

competent Officer of the NHAI an opportunity of

being heard; thus culminating in an appropriate

order and necessary action thereon, as expeditiously

as is possible, but not later than one month from

the date of receipt of a copy of this judgment.

Needless to say, I have not considered the

merits of the petitioner's contentions in any manner

and they are all left open to be decided

appropriately by the 3rd respondent, while the afore

exercise is completed.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/23.11

APPENDIX OF WP(C) 26181/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF PARTITION DEED DOCUMENT NO.

2264/1999 OF KOLLAM SUB REGISTRAR OFFICE DATED 7.7.1999.

Exhibit P2 TRUE COPY OF LAND TAX RECEIPT SHOWING THE REMITTANCE OF TAX DATED 20.7.2021.

Exhibit P3 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR. PRABHASH CONSULTANT PSYCHIATRIST OF KIMS HEALTH HOSPITAL, KOLLAM.

Exhibit P4 TRUE COPY OF THE RELEVANT PORTION OF THE PAPER PUBLICATION DATED 10.3.2018.

Exhibit P5 TRUE COPY OF THE CLAIM DATED 19.10.2021 RAISED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.