Kavitha Sreekumar vs National Highway Authority Of ...
2022 Latest Caselaw 11489 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
   FRIDAY, THE 9TH DAY OF DECEMBER 2022 / 18TH AGRAHAYANA, 1944
                       WP(C) NO. 38256 OF 2022


PETITIONER:

          KAVITHA SREEKUMAR
          AGED 53 YEARS, W/O SREEKUMAR.K.S,
          KARUVATH HOUSE, THALIKULAM P.O,
          THRISSUR-680569.

          BY ADVS.
          SRI.V.N.HARIDAS
          SRI.SAIFUDEEN T.S
          SMT.PARVATHY S.R.



RESPONDENTS:

    1     NATIONAL HIGHWAY AUTHORITY OF INDIA
          REPRESENTED BY ITS PROJECT DIRECTOR,
          PROJECT IMPLEMENTATION UNIT,
          VII/511B NEYTHELI-MAVELIPURAM ROAD,
          MAVELIPURAM, KAKKANAD P.O, ERNAKULAM-682030.

    2     THE COMPETENT ARBITRATOR
          DISTRICT COLLECTOR, 1ST FLOOR,
          CIVIL STATION, KALYAN NAGAR,
          AYYANTHOLE, THRISSUR-680003.

    3     COMPETENT AUTHORITY FOR LAND ACQUISTION
          SPECIAL DEPUTY COLLECTOR
          NH-17, KUTTIPPURAM-EDAPPALLY,
          KODUNGALLOR, THRISSUR-680003.

          SRI.B.G.BIDAN CHANDRAN, SC
          SRI.BIMAL K.NATH, SR.GOVT.PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 38256 OF 2022
                                   2



                             T.R. RAVI, J.
              --------------------------------------------
                     W. P. (C). No.38256 of 2022
               --------------------------------------------
              Dated this the 9th day of December, 2022

                             JUDGMENT

Admit. Standing counsel takes notice for the 1 st respondent.

Government Pleader takes notice for respondents 2 & 3.

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

respondent to consider and pass orders on Ext.P6, which is an

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

It is seen that the application has been filed as early as in June

2022.

In the above circumstances, this writ petition is disposed of

directing the 2nd respondent to consider and pass orders on Ext.P6,

after hearing the petitioner and representative of the National

Highway Authority of India, at the earliest, at any rate, within eight

months from the date of receipt of a certified copy of this judgment.

Sd/-

T.R. RAVI JUDGE Pn WP(C) NO. 38256 OF 2022

APPENDIX OF WP(C) 38256/2022

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE TAX RECEIPT DATED 24.06.2021 ISSUED BY THE REVENUE DEPARTMENT.

Exhibit P2 ONE OF THE POSSESSION AND OWNERSHIP CERTIFICATE DATED 26.07.2021 ISSUED BY THE THALIKULAM VILLAGE.

Exhibit P3 A TRUE COPY OF THE CERTIFICATE OF ENCUMBRANCE OF PROPERTY.

Exhibit P4 A TRUE COPY OF THE INTIMATION CONCERNING THE COMPENSATION AWARDED FOR THE ACQUIRED LAND AND BUILDING ISSUED BY THE OFFICE OF THE 3RD RESPONDENT DATED 16/11/2021 WITH RESPECT TO THE PROPERTY TO THE EXTENT OF 0.0393 ARES COMPRISED IN SURVEY NO.205/3A.

Exhibit P5 A TRUE COPY OF THE COMPENSATION AWARD ISSUED UNDER S.3G (1) OF THE NATIONAL HIGHWAY ACT, 1956 DATED 16.11.2021 NO:1/2021-LA2/TAL/012297/2021.

Exhibit P6 A TRUE COPY OF THE APPLICATION DATED 22.06.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P7 A TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 25.06.2022 ISSUED BY THE 2ND RESPONDENT.