Moideenkutty Kannayilkkal vs National Highway Authority Of ...
2021 Latest Caselaw 20132 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
                          WP(C) NO. 7276 OF 2021
PETITIONER:

              MOIDEENKUTTY KANNAYILKKAL, AGED 62 YEARS
              S/O. ALI MUHAMMED HAJI, KANNAYIKKAL HOUSE, BIYYAM PO,
              EASWARAMANGALAM AMSOM, PUZHAMBRAM DESOM, PONNANI TALUK,
              MALAPPURAM DISTRICT-679589, REPRESENTED BY POWER OF
              ATTORNEY HOLDER, DAUGHTER, RAJILA MOIDEENKUTTY, AGED 34
              YEARS, D/O. MOIDEENKUTTY, KANNAYIKKAL HOUSE, BIYYAM PO,
              EASWARAMANGALAM AMSOM, PUZHAMBRAM DESOM, PONNANI TALUK,
              MALAPPURAM DISTRICT-679 589.

              BY ADV SHOBY K.FRANCIS


RESPONDENTS:

     1        NATIONAL HIGHWAY AUTHORITY OF INDIA, MINISTRY OF ROAD
              TRANSPORT AND HIGHWAYS, HEAD QUARTERS, 5 AND 6, SECTOR
              -10, DWARAKA, NEW DELHI-110075, REPRESENTED BY ITS
              CHAIRMAN.

     2        PROJECT DIRECTOR, NATIONAL HIGH AUTHORITY, NH DIVISION
              OFFICE, KOZHIKODE-673001.

     3        DEPUTY COLLECTOR AND COMPETENT AUTHORITY, OFFICE OF THE
              DEPUTY COLLECTOR, LA (N.H.), KOTTAKKAL PO, MALAPPURAM,
              PIN-676503.

     4        DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM,
              PIN--676505.

     5        SPECIAL TAHSILDAR LA - NH (UNIT-3),
              PONNANI PO, PONNANI, MALAPPURAM-679583.

     6        PROJECT DIRECTOR, NATIONAL HIGH AUTHORITY, NH DIVISION
              OFFICE, MAVELIPURAM, KAKKANAD PO, COCHIN, ERNAKULAM
              DISTRICT.
 WPC 7276/21
                                        2



              BY ADVS.
              SRI. MATHEWS K PHILIP - SC
              SMT. RESMI THOMAS - GP


      THIS     WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION      ON   24.09.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WPC 7276/21
                                          3



                               JUDGMENT

When this matter was called today, the learned

counsel for the petitioner submitted that only

prayer No.1 in this Writ Petition is being

pressed.

2. I notice that as per the afore prayer, the

petitioner only seeks that respondents be directed

to consider his representation, namely Ext.P9, and

issue appropriate orders thereon, fixing adequate

and reasonable compensation for the property which

has been acquired from him for widening of the

National Highway, without any avoidable delay.

3. Smt.Reshmi Thomas, learned Government

Pleader, submitted that the petitioner's power-of-

attorney, namely his daughter, was heard by the

competent Authority on 22.03.2021 and that all

documents have been accepted and are being now

assessed as per law. She submitted that,

therefore, final orders on the petitioner's WPC 7276/21

request for compensation will be issued by the

competent Authority without any avoidable delay.

Taking note of the afore submissions and since

the hearing on the petitioner's request has been

completed on 22.03.2021, I direct the competent

Authority to issue final orders with respect to

the compensation payable to him within a period of

three months from the date of receipt of a copy of

this judgment; with a consequential direction to

disburse the eligible amounts within a period of

three months thereafter.

Needless to say, the afore exercise shall be

completed by the competent Authority, after

properly evaluating and assessing the property of

the petitioner and implicitly following due

procedure prescribed under the applicable Act,

Rules and Regulations.

This writ petition is thus ordered.

Sd/-

RR                                       DEVAN RAMACHANDRAN
                                                 JUDGE
 WPC 7276/21


               APPENDIX OF WP(C) 7276/2021

PETITIONER EXHIBITS

EXHIBIT P1        TRUE COPY OF THE BASIC TAX RECEIPT

DATED 11.4.2018 ISSUED BY THE VILLAGE OFFICER.

EXHIBIT P2 TRUE BLACK AND WHITE PHOTOGRAPH OF THE BUILDING AND CHAMMRAVOTTOM JUNCTION.

EXHIBIT P3 TRUE COPY OF RELEVANT PORTION OF THE NOTIFICATION DATED 2ND JANUARY 2013 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE RELEVANT PORTION OF THE NOTIFICATION ISSUED BY THE NH UNDER SEC.3A(1) OF THE NH ACT, 1956 IN THE MATHRUBHOOMI DAILY DATED 8.4.2018.

EXHIBIT P5 TRUE COPY OF JUDGMENT DATED 24.5.2018 IN WPC.NO.16066/2018 OF THE HON'BLE HIGH COURT OF KERALA.

EXHIBIT P6 TRUE COPY OF RELEVANT PORTION OF THE NOTIFICATION NO.S.O.993(E) ISSUED BY THE NH UNDER SEC.3A(1) OF THE NH ACT, 1956 IN THE MATHRUBHOOMI DAILY DATED 14.3.2019.

EXHIBIT P7 TRUE COPY OF INTERIM ORDER DATED 29.5.2019 IN WPC NO.11805/2019.

EXHIBIT P8 TRUE COPY OF THE INTERIM ORDER DATED 12.6.2019 IN WPC NO.11805/2019.

EXHIBIT P9 TRUE COPY OF REPRESENTATION DATED 10.2.2021 SUBMITTED BY THE PETITIONER TO THE RESPONDENTS.

EXHIBIT P10 TRUE COPY OF POSTAL ACKNOWLEDGEMENT CARD DULY SINGED BY THE RESPONDENTS DATED 27.2.2021.

WPC 7276/21

EXHIBIT P11 TRUE COPY OF THE NOTICE DATED NIL ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.