Dyuthisenan A vs The District Collector
2022 Latest Caselaw 12234 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. 39457 OF 2022
PETITIONER:

           DYUTHISENAN A
           AGED 53 YEARS
           ADVOCATE, BUILDING NO. XL. VII/2894, KANNUR
           MUNICIPAL CORPORATION, SOUTH BAZAR, KANNUR -
           670002, RESIDING AT KARIMBAM P.O., KANNUR DISTRICT-
           670142.
           BY ADV K.K.MOHAMED RAVUF


RESPONDENTS:

     1     THE DISTRICT COLLECTOR
           KANNUR DISTRICT, COLLECTORATE, THAVAKKARA, KANNUR -
           670002.
     2     THE DEPUTY COLLECTOR,
           LAND ACQUSITION (NH), COLLECTORATE, THAVAKKARA,
           KANNUR - 670002.


             SMT. C. .S . SHEEJA, SR.GP.



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   22.12.2022,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C)No.39457/2022
                                       2




                             T.R. RAVI, J.
              --------------------------------------------
                       W.P.(C)No.39457 of 2022
               --------------------------------------------
              Dated this the 22nd day of December, 2022

                                JUDGMENT

Admit. Government Pleader takes notice for the respondents.

2. Petitioner is a tenant of Building No.XL.VII/2894 (Previous

No.TPS-IV/636) of Kannur Municipal Corporation. The petitioner is an

advocate by profession and he is conducting his office in the said

premises. For the purpose of construction of a Fly Over at Caltex

Junction in Kannur Municipal Corporation, a portion of the aforesaid

building is acquired by the respondents. The authorities have marked

the building for acquisition and the verandah on the ground floor as well

as the first floor and shutters and doors will be come under acquisition,

which will affect the petitioner's access to his premises. It is also stated

that if any portion of the rooms are demolished, the entire rooms will

become unusable. Highlighting the grievance the petitioner has filed

Ext.P3 and P4 representations before the 2nd and 1st respondents

respectively. Since no action has been taken on Exts.P3 and P4, the

petitioner has filed this writ petition. After the filing of the writ petition,

the petitioner has filed another representation before the District

Collector, a copy of which has been produced as Ext.P6. The petitioner

prays for a direction for early disposal of Ext.P6. W.P.(C)No.39457/2022

3. Ext.P6 representation filed by the petitioner before the 1 st

respondent is pending. The 1st respondent shall treat Ext.P6 as an

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

1956. The petitioner may also prefer interlocutory application

before the 1st respondent under Section 17 of the Arbitration and

Conciliation Act, 1996, seeking interim reliefs, if any, required.

The Arbitrator shall consider the interlocutory application and pass

orders within 10 days thereafter and proceed to finalise Ext.P6

application. The entire arbitration proceedings shall be completed

at the earliest, at any rate, within ten months from the date of

receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/-

T.R. RAVI JUDGE

dsn W.P.(C)No.39457/2022

APPENDIX OF WP(C) 39457/2022

PETITIONER EXHIBITS Exhibit P1 RUE COPY OF THE LEASE AGREEMENT DATED 30.5.2018 ENTERED INTO BETWEEN THE PETITIONER AND LANDLORDS RESLIN V.P. AND OTHERS.

Exhibit P2 TRUE PHOTOGRAPHS OF THE ACQUIRED BUILDING.

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 31/8/2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 22/6/2022 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.

Exhibit P5 TRUE COPY OF THE RECEIPT DATED 22/6/2022 ISSUED BY THE 1ST RESPONDENT.

Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 07/12/2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ALONG WITH ITS RECEIPT