Reeja K.T vs The Union Of India
2021 Latest Caselaw 18363 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
                       WP(C) NO. 16548 OF 2021
PETITIONER:

          REEJA K.T.,
          AGED 48 YEARS
          D/O. KUNJEERIKUTTY, KAKKATUTHAZHAM, CHEMANCHERRY
          VILLAGE, KOYILANDY TALUK, VENGALLAM POST, KOZHIKODE-
          673303.

          SRI.SRINATH GIRISH
          SRI.P.JERIL BABU



RESPONDENTS:

    1     THE UNION OF INDIA,
          REPRESENTED BY SECRETARY MINISTRY OF ROAD TRANSPORT AND
          HIGHWAYS, NEW DELHI-11001.

    2     STATE OF KERALA,
          REPRESENTED BY THE SECRETARY, DEPARTMENT OF PUBLIC
          WORKS, SECRETARIAT, THIRUVANANTHAPURAM-695001.

    3     NATIONAL HIGHWAY AUTHORITY OF INDIA
          REPRESENTED BY THE CHAIRMAN, G-586, SECTOR-10, DWARAKA,
          NEW DELHI-110075.

    4     COMPETENT AUTHORITY AND SPECIAL DEPUTY COLLECTOR,
          LAND ACQUISITION (NHAI), KOZHIKODE, CIVIL STATION,
          KOZHIKODE-673020.

          SRI.MATHEW K.PHILIP

          SRI.HANIL KUMAR, GP.
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16548 OF 2021
                                    2


                             JUDGMENT

The petitioner has approached this Court impugning

Ext.P3 order issued by the fourth respondent - competent

Authority and Special Deputy Tahsildar, Land Acquisition,

Kozhikode, on the ground that it has been issued without

appreciating proper facts; without adverting to the

document of her title and without even affording her an

opportunity of being heard. The petitioner, therefore, prays

that Ext.P3 be set aside and the fourth respondent be

directed to reconsider the matter, after affording her an

opportunity of being heard and after permitting her to

produce all relevant documents.

2. In response to the afore submissions made on behalf

of the petitioner by Sri.Jeril Babu P., the learned Special

Government Pleader, Sri.Hanil Kumar submitted that if the

petitioner is willing to appear before the fourth respondent

with all documents. on a date to be fixed by this Court, the

said Authority can reconsider the matter and issue fresh

orders. He, however, prayed that Ext.P3 be not set aside WP(C) NO. 16548 OF 2021

with respect to the other persons mentioned therein and that

the directions in this judgment be confined to the petitioner

alone.

3. Sri.Mathew K.Philip, the learned standing counsel

for the National Highway Authority of India (NHAI),

submitted that his client has no role at this stage because

Ext.P3 has been issued by the fourth respondent. He

submitted that, therefore, he does not stand in the way of

this Court passing appropriate orders.

4. Taking note of the afore submissions and since,

prima facie, I also find that Ext.P3 has been issued without

hearing the petitioner, I deem it appropriate to allow this

writ petition with the following directions.

5. Resultantly, Ext.P3 is set aside as far as it relates to

the petitioner, with a consequential direction to her to

appear before the fourth respondent with all documents in

substantiation of her claim at 11 a.m. on 16.09.2021; on

which day, the said Authority will either hear her or fix

another date for hearing and then issue fresh orders with

respect to her claim.

WP(C) NO. 16548 OF 2021

It is needless to say that Ext.P3 stands set aside only

with respect to the petitioner.

This writ petition is thus ordered.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 16548 OF 2021

APPENDIX OF WP(C) 16548/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE DEED NO. 1737/2009 OF CHEMENCHERY SRO.

Exhibit P2 TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED BY THE CHEMENCHERY GRAMA PANCHAYATH.

Exhibit P3 TRUE COPY OF THE ORDER OF 4TH RESPONDENT DATED 05/07/2021.