Krishnan. M vs The Project Director
2021 Latest Caselaw 20885 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
                          WP(C) NO. 21185 OF 2021


PETITIONER:

              KRISHNAN. M, AGED 62 YEARS
              S/O. PANJALI KUNHIRAMAN @ PANJALI RAMAN,
              MAYICHA HOUSE, PO KANDOTH, VIA. PAYYANUR,
              KANNUR DISTRICT-670 307.

              BY ADVS.
              M.V.AMARESAN
              S.S.ARAVIND


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.

              SMT . K AMMINIKUTTY - SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 21185/21
                                          2



                               JUDGMENT

The petitioner has approached this Court with

a singular plea that his representation, namely

Ext.P1, be taken up and considered by the 3rd

respondent - Special Deputy Collector.

2. According to the petitioner, his property

was acquired much earlier, but that no action has

been taken to determine or to disburse the

compensation due to him and his siblings.

3. Sri.Mathews K. Philip - learned Standing

Counsel for respondents 1 and 2, submitted that

his clients will not stand in the way of this

Court directing the 3rd respondent to take up and

dispose of Ext.P1 representation of the

petitioner; affirming that the property in

question has already been acquired.

4. The learned Senior Government Pleader -

Smt.K.Amminikutty, submitted that if the

petitioner only requires Ext.P1 to be taken up and

disposed of, then there is no legal impediment in WPC 21185/21

the 3rd respondent 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 the said Authority to take an

appropriate decision thereon.

In the afore circumstances, I allow this Writ

Petition, to the limited extent of directing the

3rd respondent to take up Ext.P1 representation of

the petitioner and dispose it of, after affording

him, as also any other person who may be

interested, an opportunity of being heard; thus

culminating in an appropriate order thereon, as

expeditiously as is possible, but not later than

four months from the date of receipt of a copy of

this judgment.

Sd/-

RR                                      DEVAN RAMACHANDRAN
                                             JUDGE
 WPC 21185/21


                APPENDIX OF WP(C) 21185/2021

PETITIONER EXHIBITS

Exhibit P1         TRUE COPY OF REPRESENTATION SUBMITTED

BY THE PETITIONER AND HIS SIBLINGS BEFORE THE RESPONDENTS DATED 23.7.2021.

Exhibit P1(A) TRUE COPY OF POSTAL ACKNOWLEDGMENT CARD EVIDENCING RECEIPT OF EXHIBIT P1 BY IST RESPONDENT DATED 30.7.2021.

Exhibit P1(B) TRUE COPY OF POSTAL ACKNOWLEDGMENT CARD EVIDENCING RECEIPT OF EXHIBIT P1 BY 2ND RESPONDENT DATED 28.7.2021.

Exhibit P1(C) TRUE COPY OF POSTAL ACKNOWLEDGMENT CARD EVIDENCING RECEIPT OF EXHIBIT P1 BY 3RD RESPONDENT DATED 27.7.2021.