Shri. Prakasan @ Prakasan ... vs The District Collector & ...
2022 Latest Caselaw 12220 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
    THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                       WP(C) NO. 41541 OF 2022
PETITIONER:

          SHRI. PRAKASAN @ PRAKASAN VAKKAYIL BHASKARAN,
          AGED 51 YEARS, S/O.VAKKAYIL APPUTTY BHASKARAN,
          RESIDING AT VAKKAYIL HOUSE, EDAKKAZHIYUR DESOM,
          CHAVAKKAD TALUK, EDAKKAZHIYUR POST,
          THRISSUR DISTRICT, PIN-680515,
          REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
          SHRI. DINESH K.M, AGED 46 YEARS,
          S/O. MADHAVAN, RESIDING AT KARUTHARAN HOUSE,
          THIRUVATHRA DESOM, CHAVAKKAD TALUK,
          THIRUVATHRA POST, THRISSUR DISTRICT,
          PIN-680516.

          BY ADVS.
          SRI.M.S.SAJEEV KUMAR
          SMT.LAKSHMI S KUMAR
          SMT.A.N.JYOTHILEKSHMI


RESPONDENTS:

    1     THE DISTRICT COLLECTOR & ARBITRATOR
          COLLECTORATE, CIVIL STATION, AYYANTHOLE,
          THRISSUR, KERALA, PIN - 680003

    2     NATIONAL HIGHWAY AUTHORITY OF INDIA
          VII/511B, MAVELIPURAM, KAKKANAD,
          ERNAKULAM, KERALA, PIN - 682030
          REPRESESNTED BY ITS PROJECT MANAGER,

    3     COMPETENT AUTHORITY AND DEPUTY COLLECTOR
          LAND ACQUISITION (NH-66), KODUNGALLOOR,
          KERALA, PIN - 680668

          SMT. C. .S SHEEJA, SR.GP.
          SRI. B.G. BIDAN CHANDRAN, SC.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 41541 OF 2022
                                   2



                             T.R. RAVI, J.
              --------------------------------------------
                     W. P. (C). No.41541 of 2022
               --------------------------------------------
              Dated this the 22nd 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.P4, 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 August

2022.

In the above circumstances, this writ petition is disposed of

directing the 2nd respondent to consider and pass orders on Ext.P4,

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. 41541 OF 2022

APPENDIX OF WP(C) 41541/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE LAC NO.

E2/EDA/002303/2021 DATED NIL ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER

Exhibit P2 TRUE COPY OF AWARD NO.1/2021-

E2/EDA/002303/2021 DATED 16-10-2021.

Exhibit P3 TRUE COPY OF LETTER DATED 25-07-2022

Exhibit P4 TRUE COPY OF THE CLAIM STATEMENT DATED 17-08-2022, SUBMITTED BY THE PETITIONER