Shahul Hameed Kunju vs The District Collector ...
2022 Latest Caselaw 9947 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
                       WP(C) NO. 21588 OF 2022
PETITIONER:

          SHAHUL HAMEED KUNJU
          AGED 65 YEARS
          SON OF ABDULLA KUNJU LEBBA,
          SHYNI MANZIL,VETTUVENI, HARIPAD, ALAPPUZHA- 690514

          BY ADVS.
          T.S.HARIKUMAR
          P.B.SAHASRANAMAN


RESPONDENTS:

    1     THE DISTRICT COLLECTOR, ALAPPUZHA
          COLLECTORATE, ALAPPUZHA - 688001

    2     THE SPECIAL DEPUTY COLLECTOR & COMPETENT AUTHORITY(N.H)
          OFFICE OF THE DEPUTY COLLECTOR LA(NH),ALAPPUZHA- 688001

    3     THE ASSISTANT EXECUTIVE ENGINEER
          NH SUB DIVISION,OFFICE OF THE ASSISTANT EXECUTIVE
          ENGINEER, ALAPPUZHA - 688013

    4     THE PROJECT DIRECTOR
          NHAI, PETTAH, THIRUVANATHAPURAM - 695024

          BY ADV MATHEWS K.PHILIP

          SRI.LEJO JOSEPH GEORGE, SC
          SRI.BIMAL K.NATH, SR.GP
          SRI.BIDAN CHANDRAN, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21588 OF 2022

                                      2

                                T.R. RAVI, J.
               --------------------------------------------
                      W.P.(C) No.21588 of 2022
                    --------------------------------------------
               Dated this the 31st day of August, 2022

                              JUDGMENT

Admit. Government Pleader takes notice for respondents 1 to

3. Standing Counsel takes notice for the 4th respondent.

2. The prayer in the writ petition is for a direction to the

2nd respondent to grant compensation for the structures as

assessed by the 3rd respondent in Ext.P2.

3. The award in this case has already been issued and the

same is produced as Ext.P2. Since the award is already issued, the

remedy of the petitioner if any is to move the Arbitrator with an

application under Section 3G(5) of the National Highways Act.

In such circumstances, this writ petition is closed with liberty

to the petitioner to move the 1 st respondent with an appropriate

application.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 21588 OF 2022

APPENDIX OF WP(C) 21588/2022

PETITIONER EXHIBITS

Exhibit1 P.1 THE TRUE PHOTOSTAT COPY OF THE PROCEEDINGS AND AWARD PASSED BY THE 2ND RESPONDENT WITH RESPECT TO THE PROPERTY WHICH WAS NOTIFIED FOR ACQUISITION UNDER SECTION 3G(1) OF THE NATIONAL HIGHWAY ACT 1948 DATED 16-03-2022.

Exhibit P.2 THE TRUE PHOTOSTAT COPY OF THE STRUCTURAL VALUE ASSESSED BY THE 3RD RESPONDENT WHICH WAS SERVED ON THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT.