Citation : 2022 Latest Caselaw 279 Ker
Judgement Date : 11 January, 2022
WP(C) No.616/2022 1/2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Tuesday, the 11th day of January 2022 / 21st Pousha, 1943
WP(C) NO. 616 OF 2022(B)
PETITIONER:
ABDUL GAFFAR SAIT, AGED 75 YEARS, S/O. SULAIMAN HUSSAN SAIT,
THAYYILVEEDU, CHIRAKKADAVAM, KAYAMKULAM, ALAPPUZHA DISTRICT-690502.
RESPONDENTS:
1. UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF ROAD TRANSPORT
AND RAILWAYS, NEW DELHI-110001.
2. STATE OF KERALA REPRESENTED BY SECRETARY, PUBLIC WORKS DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
3. PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
4. NATIONAL HIGHWAY AUTHORITY OF INDIA, G-586, SECTOR-10, DWARAKA, NEW
DELHI-110075, REPRESENTED BY ITS CHAIRMAN.
5. THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA,
TC-29/1539/1, RAJASREE KAIRALI, PERUMTHANNI, VALLAKKADAVU P.O.,
THIRUVANANTHAPURAM-695008.
6. SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY, LAND ACQUISITION,
NATIONAL HIGHWAY AUTHORITY OF INDIA, ALAPPUZHA-688001.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the Respondents not to dispossess the Petitioner from
his property covered under Exhibit P4 notification, till the disposal of
this writ petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.P.A.MOHAMMED SHAH, RENOY VINCENT, ASWIN KUMAR M J, HELAN.P.A, ARUN ROY
& SHAHIR SHOWKATH ALI, Advocates for the petitioners, the court passed the
following:
ORDER
The learned Senior Government Pleader seeks further time.
The CALA is directed not to issue any Award until the next posting date.
List on 20-01-2022.
I also leave liberty to the CALA to decide whether the orders impugned can be withdrawn and fresh order issued as per the directions in the judgment.
Sd/- DEVAN RAMACHANDRAN JUDGE
11-01-2022 /True Copy/ Assistant Registrar
WP(C) No.616/2022 2/2
APPENDIX OF WP(C) 616/2022
Exhibit P4 THE TRUE COPY OF THE RELEVANT PAGE OF THE NOTIFICATION
DATED 3.12.2020.
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