A. Radha vs The National Highway Authority Of ...
2022 Latest Caselaw 8036 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
                        WP(C) NO. 9236 OF 2022

PETITIONERS:


     1     A.RADHA
           AGED 60 YEARS
           D/O. KARAMBAN & ANANDAVALLY (LATE),
           SATYAVILASOM, NEAR PARA,
           BUILDING NO.771/23,
           (OLD NO.KP III/868(A)),
           VARINJAM CHERI, KALLUVATHUKKAL P. O.,
           KALLUVATHUKKAL VILLAGE, KOLLAM TALUK,
           KOLLAM DISTRICT, KERALA - 691 578.

     2     OMANA A.
           AGED 56 YEARS
           D/O. KARAMBAN & ANANDAVALLY (LATE),
           AJAYA VILASAM, BUILDING NO.769/23,
           (OLD NO.KP III/904),
           NEAR PARA, VARINJAM CHERI,
           KALLUVATHUKKAL P. O.,
           KALLUVATHUKKAL VILLAGE, KOLLAM TALUK,
           KOLLAM DISTRICT, KERALA - 691 578.

     3     MANILAL K.
           AGED 61 YEARS
           S/O. KARAMBAN & ANANDAVALLY (LATE),
           NOW RESIDING AT AJAYA VILASAM,
           NEAR PARA, KALLUVATHUKKAL P. O.,
           KALLUVATHUKKAL VILLAGE,
           KOLLAM TALUK,
           KOLLAM DISTRICT, KERALA - 691 578.

     4     PUSHPANGATHAN
           AGED 52 YEARS
           S/O. KARAMBAN & ANANDAVALLY (LATE),
           PRATHEESH BHAVAN, VARINJAM CHERI,
           NEAR PARA, KALLUVATHUKKAL P. O.,
           KALLUVATHUKKAL VILLAGE,
           KOLLAM TALUK,
           KOLLAM DISTRICT, KERALA - 691 578.
 WP(C) NO. 9236 OF 2022
                                   2


     5     VIJAYAKUMARI A.
           AGED 47 YEARS
           D/O. KARAMBAN & ANANDAVALLY (LATE),
           PRATHEESH BHAVAN, VARINJAM CHERI,
           NEAR PARA, KALLUVATHUKKAL P. O.,
           KALLUVATHUKKAL VILLAGE, KOLLAM TALUK,
           KOLLAM DISTRICT, KERALA - 691 578.

           BY ADV RAJESH. K.RAJU


RESPONDENTS:

    1     THE NATIONAL HIGHWAY AUTHORITY OF INDIA
          REPRESENTED BY ITS SECRETARY, G 5 & 6,
          SECTOR 10, DWARKA, NEW DELHI - 110 075.

    2     THE PROJECT DIRECTOR
          NATIONAL HIGHWAY, AUTHORITY OF INDIA,
          TC 29/1539/1, RAJASREE KAIRALI,
          PERUMTHANNI, VALLAKKADAVU P. O.,
          THIRUVANANTHAPURAM - 695 008.

    3     THE PROJECT DIRECTOR
          PROJECT IMPLEMENTATION UNIT (KERALA REGION),
          NHAI, TC 36/414(5), KOYIKKAL VEEDU,
          KAVU LANE, PALKULANGARA, TRIVANDRUM - 695 024.

    4     THE SPECIAL DEPUTY COLLECTOR
          (LAND ACQUISITION), NATIONAL HIGHWAY AUTHORITY OF INDIA
          & COMPETENT AUTHORITY, KOLLAM,
          OFFICE OF THE SPECIAL DEPUTY COLLECTOR
          (LAND ACQUISITION), NATIONAL HIGHWAY AUTHORITY OF INDIA
          & COMPETENT AUTHORITY, CIVIL STATION,
          COLLECTORATE, KOLLAM - 691 013.

    5     THE STATE OF KERALA
          REPRESENTED BY ITS SECRETARY,
          PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.

    6     THE DISTRICT COLLECTOR
          KOLLAM DISTRICT, COLLECTORATE,
          CIVIL STATION, KOLLAM, KERALA - 691 103.
 WP(C) NO. 9236 OF 2022
                                3

    7     THE UNION OF INDIA
          REPRESENTED BY ITS SECRETARY,
          MINISTRY OF ROAD TRANSPORT AND NATIONAL HIGHWAYS,
          GOVERNMENT OF INDIA, TRANSPORT BHAVAN, 1,
          PARLIAMENT STREET, NEW DELHI - 110 001.

    8     THE SECRETARY
          MINISTRY OF ROAD TRANSPORT AND NATIONAL HIGHWAYS,
          GOVERNMENT OF INDIA, TRANSPORT BHAVAN, 1,
          PARLIAMENT STREET, NEW DELHI - 110 001.


          SRI. BIMAL K. NATH, SR.GP.
          SRI. S. MANU, ASGI,
          SRI, B.G. BIDAN CHANDRAN, SC.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9236 OF 2022
                                        4


                                T.R.RAVI, J.
                      ----------------------------------------
                        WP(C) No.9236 OF 2022
                     -------------------------------------------
                 Dated this the 29th day of June, 2022

                              JUDGMENT

Admit. Standing Counsel takes notice for respondents 1 to

3. Government Pleader takes notice for respondents 4 to 6.

ASGI takes notice for respondents 7 and 8.

The grievance of the petitioner is that Ext.P2 application

preferred by the petitioner before the 4 th respondent claiming

rehabilitation and resettlement on account of the acquisition of

properties is not considered. The petitioner has produced

postal acknowledgments showing the receipt of Ext.P2 by the 4 th

respondent. Ext.P2 is seen dated 26.02.2022.

In the above circumstances, this writ petition is disposed

of directing the 4th respondent to consider and pass orders on

Ext.P2 application at the earliest at any rate within four months

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

Sd/-

T.R.RAVI

JUDGE sn WP(C) NO. 9236 OF 2022

APPENDIX OF WP(C) 9236/2022

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE AWARD NUMBER KVKL 0122 DATED 29.01.2022 PASSED IN PROCEEDINGS OF THE 4TH RESPONDENT.

Exhibit P2 A TRUE COPY OF THE REPRESENTED DATED 26.02.2022 SUBMITTED BY THE PETITIONERS HEREIN BEFORE THE 4TH RESPONDENT.

Exhibit P3 A TRUE COPY OF THE POSTAL RECEIPT DATED 28.02.2022 ADDRESSED TO THE 4TH RESPONDENT.

Exhibit P3(a) A TRUE COPY OF THE ACKNOWLEDGEMENT CARD ADDRESSED TO THE 4TH RESPONDENT.

RESPONDENT'S EXHIBITS      :    NIL


                  //TRUE COPY//                       PA TO JUDGE