Ganeshan.E.V vs The Special Deputy Collector ...
2021 Latest Caselaw 17915 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
                       WP(C) NO. 16244 OF 2021
PETITIONER:

          GANESHAN.E.V, AGED 58 YEARS,
          S/O. KUNDATHIL KUMARAN, KUNDATHIL HOUSE, PARIYARAM
          CENTER, PARIYARAM (P.O), KANNUR DISTRICT, PIN-670 502.

          BY ADVS.
          ZUBAIR PULIKKOOL
          P.S.BINU


RESPONDENTS:

    1     THE SPECIAL DEPUTY COLLECTOR (LAND ACQUISITION),
          NATIONAL HIGHWAY AUTHORITY OF INDIA, THALIPARAMBA,
          KANNUR DISTRICT, PIN-670 141.

    2     THE SPECIAL THAHASILDAR (LAND ACQUISITION),
          NATIONAL HIGHWAY AUTHORITY OF INDIA, UNIT NO.2,
          THALIPARAMBA, KANNUR DISTRICT, PIN-670 141.

    3     ASSISTANT EXECUTIVE ENGINEER,
          PUBLIC WORKS DEPARTMENT, ROAD SUB DIVISION,
          THALASSERY, PIN-670 101.

    4     THE DISTRICT COLLECTOR, KANNUR, CIVIL STATION P.O.,
          KANNUR DISTRICT, PIN-670002.

          BY ADV.SRI.ASHWIN SETHUMADHAVAN, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16244 OF 2021
                                 -2-

                              JUDGMENT

The petitioner has approached this Court

asserting that even though he preferred Ext.P3

application, for reassessment of value of his

property covered by an acquisition - under the

provisions of Section 3G(5) of the National

Highways Act, 1956 - no action has been taken by

the 4th respondent - District Collector, on it,

until now. The petitioner, therefore, prays that

the 4th respondent be directed to take up Ext.P3

and dispose it of within a time frame to be fixed

by this Court.

2. In response, the learned Senior Government

Pleader - Sri.Ashwin Sethumadhavan, submitted

that, if the petitioner only requires Ext.P3 to be

taken up and disposed of as per law, there does

not appear to be any legal impediment in the 4 th

respondent doing so; but prayed that this Court WP(C) NO. 16244 OF 2021

may not make any affirmative declarations in

favour of the petitioner and leave it to the said

respondent to take an appropriate decision

thereon, as per law.

In the afore circumstances, I order this writ

petition and direct the 4th respondent to take up

Ext.P3 application of the petitioner and dispose

it of, after affording him an opportunity of being

heard - either physically or through video

conferencing - thus culminating in an apposite

order thereon, as expeditiously as is possible,

but not later than one month from the date of

receipt of a copy this judgment.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 16244 OF 2021

APPENDIX OF WP(C) 16244/2021

PETITIONER'S EXHIBITS

EXHIBIT P1 COPY OF THE PROCEEDINGS ISSUED BY IST RESPONDENT IN LAC 1175 DATED 9.11.2020.

EXHIBIT P2 COPY OF THE PROCEEDINGS ISSUED BY IST RESPONDENT IN LAC 1175-A DATED 1.2.2021.

EXHIBIT P3 COPY OF THE APPLICATION FILED BEFORE 4TH RESPONDENT DATED 23.6.2021.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE