Kerala High Court
K.A.Siraj vs District Collector on 23 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
WP(C) NO. 19482 OF 2021
PETITIONER:
K.A.SIRAJ
AGED 45 YEARS
S/O.ABOOBAKKER K.M.,
KONNULLIPARAMBIL,
CHEMBUMUKKU, THRIKKAKKARA,
ERNAKULAM - 682 021.
BY ADVS.
SAM ISAAC POTHIYIL
TINU JOHNSON
VISHNU DAS
SRUTHI DAS
JISHMA K.S
OSHIN MENDEZ
PHILIP ARUN M.N.
MOHAMED AMJAD K.M
S.SURAJA
VINIDHA
MARIA NEETHU T.J
ANJITHA ANIL KUMAR
RESPONDENTS:
1 DISTRICT COLLECTOR,
COLLECTORATE, KAKKANAD, ERNAKULAM - 682 030.
2 THE DEPUTY COLLECTOR AND COMPETENT AUTHORITY
(KOCHI - SALEM PIPELINE PVT.LTD. - KSSPL),
SECOND FLOOR, KARUN ENCLAVE, S N JUNCTION,
TRIPUNITHURA POST, KOCHI - 682 031.
3 KOCHI - SALEM PIPLELINE PVT.LTD.
MALAYIL MAJESTY BUILDING, SECOND FLOOR,
NEAR RAILWAY OVER BRIDGE,
REFINERY ROAD, TRIPUNITHURA,
ERNAKULAM, PIN - 682 031,
REPRESENTED BY ITS CHAIRMAN.
R1 & R2 BY ADV.SRI.HANIL KUMAR, SPL.GOVERNEMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C)No.19482 of 2021
2
JUDGMENT
Dated this the 23rd day of September, 2021
Even though there are various allegations,
averments and assertions made in this writ petition, when
this matter was called today, the learned counsel for the
petitioner - Sri.Vishnu Das prayed that the 1 st respondent
District Collector be directed to take up Ext.P9 -
representation of his client and dispose it of, within a time
frame to be fixed by this Court. Sri.Vishnu Das also prayed
that status quo with respect to the property, as available
today, be maintained until such time as Ext.P9 is disposed of.
2. The learned Senior Government Pleader -
Sri.Hanil Kumar, in response, submitted that if the petitioner
only requires Ext.P9 to be disposed of by the 1 st respondent,
there does not appear to be any legal impediment in doing
so; but prayed that this Court may not make any affirmative
declarations in his favour and allow the said Authority to
W.P(C)No.19482 of 2021
take a decision on it as per law.
Taking note of the afore submissions, I allow this
writ petition and direct the 1st respondent to take up
Ext.P9 - representation of the petitioner and dispose it of,
after affording him an opportunity of being heard; thus
resulting in an appropriate order thereon, as expeditiously as
is possible but not later than one month from the date of
receipt of a copy of this judgment.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
NR/23/09/2021
W.P(C)No.19482 of 2021
APPENDIX
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED TO THE PETITIONER.
Exhibit P2 THE TRUE COPY OF THE INTIMATION UNDER RULE 3 OF
THE PETROLEUM AND MINERALS PIPELINE (ACQUISITION
OF RIGHT OF USER IN LAND) ACT 1962 ISSUED TO THE
PETITIONER HEREIN.
Exhibit P3 THE TRUE COPY OF THE HEARING NOTICE DATED
27/11/2020 ISSUED BY THE 2ND RESPONDENT.
Exhibit P4 THE TRUE COPY OF THE COMPANY MASTER DATA OF
KOCHI-SALEM PIPELINE PVT.LTD. THE 3RD RESPONDENT
HEREIN.
Exhibit P5 THE TRUE COPY OF THE ARTICLES OF ASSOCIATION OF
THE 3RD RESPONDENT.
Exhibit P6 THE TRUE COPY OF THE MEMORANDUM OF ASSOCIATION OF
THE 3RD RESPONDENT.
Exhibit P7 TRUE COPY OF THE LETTER FILING FORM CHG 1 WITH
THE REGISTRAR OF COMPANIES FACILITIES AGGREGATING
TO RS.518.80 CRORES DATED 17/07/2020.
Exhibit P8 THE TRUE COPY OF THE GUIDELINES FOR PIPELINE
CONSTRUCTION BY THE GOVERNMENT OF RAJASTHAN.
Exhibit P9 THE TRUE COPY OF THE REPRESENTATION DATED
24/08/2021 BEFORE THE 1ST RESPONDENT.
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
