Kerala High Court
Gail (India) Ltd vs Asia Neerittichalil on 18 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
OP(C) NO. 546 OF 2022
AGAINST ORDER DATED 26.11.2021 IN I.A.NO.8/2020 IN O.P.(GAIL)
NO.373/2021 ON THE FILE OF COURT OF DISTRICT JUDGE, MANJERI
PETITIONER/2ND RESPONDENT:
GAIL (INDIA) LTD.,
REPRESENTED BY ITS GENERAL MANAGER,
KINFRA HI- TECH PARK, OFF - HMT ROAD, HMT COLONY P.O.,
KALAMASSERY, ERNAKULAM DISTRICT-683 503.
BY ADV. SRI.S.MOHAMMED AL RAFI
RESPONDENTS/APPLICANT AND 1ST RESPONDENT:
1 MOOLAKKUDAVAN SAINABA, W/O. HAMZA.K,
AMEEN MANZIL HOUSE, IRUVETTI POST, CHENGARA,
MALAPPURAM DISTRICT-673 639..
2 THE COMPETENT AUTHORITY AND DEPUTY COLLECTOR,
GAIL (INDIA) LTD., KINFRA HI-TECH PARK, OFF - HMT ROAD,
HMT COLONY P.O., KALAMASSERY, ERNAKULAM-683 503.
BY ADV. SRI.AJITH KRISHNAN, SC
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2022, ALONG
WITH OP(C) Nos.547, 549, 551, 552, 554 AND 557 OF 2022, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C) Nos.546, 547, 549, 551,
552, 554 and 557 OF 2022
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
OP(C) NO. 547 OF 2022
AGAINST ORDER DATED 10.11.2021 IN I.A NO.1164/2019 IN
O.P(GAIL)NO. 331/2021 ON THE FILE OF COURT OF DISTRICT JUDGE,
MANJERI
PETITIONER/2ND RESPONDENT:
GAIL (INDIA) LTD, REPRESENTED BY ITS GENERAL MANAGER,
KINFRA HI-TECH PARK, OFF- HMT ROAD, HMT COLONY P.O,
KALAMASSERY, ERNAKULAM DISTRICT-683 503.
BY ADV. SRI.S.MOHAMMED AL RAFI
RESPONDENTS/APPLICANT AND 1ST RESPONDENT:
1 MISBAHUL HUDA MADRASA, ELAYUR, IRUVETTY POST,
MALAPPURAM-673639, REPRESENTED BY ITS SECRETARY,
MUHAMMED ALI K.T, S/O.MARAKKAR, KAINOTT HOUSE,
ELAYUR, IRUVETTI POST, MALAPPURAM DISTRICT-673 639.
2 THE COMPETENT AUTHORITY AND DEPUTY COLLECTOR,
GAIL (INDIA) LTD, KINFRA HI-TECH PARK, OFF-HMT ROAD,
HMT COLONY P.O, KALAMASSERY, ERNAKULAM-683503.
BY ADV. SRI.AJITH KRISHNAN, SC
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2022,
ALONG WITH OP(C) Nos.546, 549, 551, 552, 554 AND 557 OF 2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C) Nos.546, 547, 549, 551,
552, 554 and 557 OF 2022
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
OP(C) NO. 549 OF 2022
AGAINST ORDER DATED 26.11.2021 IN I.A NO.9/2020 IN
O.P(GAIL)NO.374/2021 ON THE FILE OF COURT OF DISTRICT JUDGE,
MANJERI
PETITIONER/2ND RESPONDENT:
GAIL (INDIA) LTD.,
REPRESENTED BY ITS GENERAL MANAGER, KINFRA HI-TECH
PARK, OFF -HMT ROAD, HMT COLONY P.O., KALAMASSERY,
ERNAKULAM DISTRICT-683 503.
BY ADV. SRI.S.MOHAMMED AL RAFI
RESPONDENTS/APPLICANTS AND 1ST RESPONDENT:
1 ABDULLA P., AGED 53 YEARS
S/O. MUHAMMED, PANAMPATTACHALIL HOUSE, IRUVETTI POST,
KAVANNUR, AREEKODE, ERANAD TALUK,
MALAPPURAM DISTRICT-673 639.
2 AYISHA, S/O.ABDULLA P., MUHAMMED,
PANAMPATTACHALIL HOUSE, IRUVETTI POST, KAVANNUR,
AREEKODE, ERANAD TALUK, MALAPPURAM DISTRICT-673 639.
3 THE COMPETENT AUTHORITY AND DEPUTY COLLECTOR,
GAIL (INDIA) LTD., KINFRA HI-TECH PARK, OFF-HMT ROAD,
HMT COLONY P.O., KALAMASSERY, ERNAKULAM-683 503.
BY ADV. SRI.AJITH KRISHNAN, SC
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2022,
ALONG WITH OP(C) Nos.546, 547, 551, 552, 554 AND 557 OF 2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C) Nos.546, 547, 549, 551,
552, 554 and 557 OF 2022
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
OP(C) NO. 551 OF 2022
(AGAINST ORDER DATED 10.11.2021 IN I.A NO.1163/2019 IN OP(GAIL)
NO.330/2021 ON THE FILE OF COURT OF DISTRICT JUDGE,MANJERI)
PETITIONER/2ND RESPONDENT:
GAIL (INDIA) LTD.,
REPRESENTED BY ITS GENERAL MANAGER, KINFRA HI-TECH
PARK, OFF- HMT ROAD, HMT COLONY P.O, KALAMASSERY,
ERNAKULAM DISTRICT-683 503.
BY ADV. SRI.S.MOHAMMED AL RAFI
RESPONDENTS/APPLICANT AND 1ST RESPONDENT:
1 MUHAMMED KUNDLADI, S/O.MOOSA, VALAYIKUTH HOUSE,
CHELAPPURAM, KAVANNUR POST, KAVANNUR,
MALAPPURAM DISTRICT-673639.
2 THE COMPETENT AUTHORITY AND DEPUTY COLLECTOR,
GAIL(INDIA) LTD, KINFRA HI-TECH PARK, OFF-HMT ROAD,
HMT COLONY P.O, KALAMASSERY, ERNAKULAM-683503.
BY ADV. SRI.AJITH KRISHNAN, SC
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2022,
ALONG WITH OP(C) Nos.546, 547, 549, 552, 554 AND 557 OF 2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C) Nos.546, 547, 549, 551,
552, 554 and 557 OF 2022
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
OP(C) NO. 552 OF 2022
AGAINST ORDER DATED 26.11.2021 IN I.A NO.10/2020 IN
O.P(GAIL)NO.375/2021 ON THE FILE OF COURT OF DISTRICT JUDGE,
MANJERI
PETITIONER/2ND RESPONDENT:
GAIL (INDIA) LTD.,
REPRESENTED BY ITS GENERAL MANAGER, KINFRA HI-TECH
PARK, OFF-HMT ROAD, HMT COLONY P.O., KALAMASSERY,
ERNAKULAM DISTRICT-683 503.
BY ADV. SRI.S.MOHAMMED AL RAFI
RESPONDENTS/APPLICANT AND 1ST RESPONDENT:
1 KHADEEJA,AGED 64 YEARS,
W/O.MUHAMMEDAJI, PUTHENPEEDIKA HOUSE, IRUVETTI POST,
KAVANNUR, AREEKKODE, ERANAD TALUK,
MALAPPURAM DISTRICT-673 639.
2 THE COMPETENT AUTHORITY & DEPUTY COLLECTOR,
GAIL (INDIA) LTD., KINFRA HI-TECH PARK, OFF -HMT
ROAD, HMT COLONY P.O., KALAMASSERY,
ERNAKULAM-683 503.
BY ADV. SRI.AJITH KRISHNAN, SC
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2022,
ALONG WITH OP(C) Nos.546, 547, 549, 551, 554 AND 557 OF 2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C) Nos.546, 547, 549, 551,
552, 554 and 557 OF 2022
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
OP(C) NO. 554 OF 2022
AGAINST ORDER DATED 10.11.2021 IN I.A NO.1759/2019 IN O.P.
(GAIL)NO. 333/2021 ON THE FILE OF COURT OF DISTRICT JUDGE,
MANJERI
PETITIONER/2ND RESPONDENT:
GAIL (INDIA) LTD.,
REPRESENTED BY ITS GENERAL MANAGER, KINFRA HI-TECH
PARK, OFF-HMT ROAD, HMT COLONY P.O., KALAMASSERY,
ERNAKULAM DISTRICT-683 503.
BY ADV. SRI.S.MOHAMMED AL RAFI
RESPONDENTS/APPLICANT AND IST RESPONDENT:
1 BALAKRISHNAN.K.V., S/O.UNNIKUTTY.K.V.,
CHEMBRAKULANGARA HOUSE, CHEMBRAKKATTUR POST,
AREEKODE, NADAKKAVUNGAL, MALAPPURAM DISTRICT-673 639.
2 THE COMPETENT AUTHORITY & DEPUTY COLLECTOR,
GAIL (INDIA) LTD., KINFRA HI-TECH PARK, OFF -HMT
ROAD, HMT COLONY P.O., KALAMASSERY,
ERNAKULAM-683 503.
BY ADV. SRI.AJITH KRISHNAN, SC
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2022,
ALONG WITH OP(C) Nos.546, 547, 549, 551, 552 AND 557 OF 2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C) Nos.546, 547, 549, 551,
552, 554 and 557 OF 2022
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
OP(C) NO. 557 OF 2022
AGAINST ORDER DATED 10.11.2021 IN I.A NO.1740/2019 IN O.P(GAIL)
NO.332/2021 ON THE FILE OF COURT OF DISTRICT JUDGE,MANJERI
PETITIONER/2ND RESPONDENT:
GAIL (INDIA) LTD.,
REPRESENTED BY ITS GENERAL MANAGER, KINFRA HI-TECH
PARK, OFF-HMT ROAD, HMT COLONY P.O., KALAMASSERY,
ERNAKULAM DISTRICT-683 503.
BY ADV. SRI.S.MOHAMMED AL RAFI
RESPONDENTS/PETITIONER AND 1ST RESPONDENT:
1 ASIA NEERITTICHALIL,
W/O.MAMMAD, MOLAYIL HOUSE, KAVANNUR POST,
ELIYAPARAMBA, MALAPPURAM DISTRICT-673 639.
2 THE COMPETENT AUTHORITY & DEPUTY COLLECTOR,
GAIL (INDIA) LTD., KINFRA HI-TECH PARK,
OFF -HMT ROAD, HMT COLONY P.O., KALAMASSERY,
ERNAKULAM-683 503.
BY ADV. SRI.AJITH KRISHNAN, SC
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2022,
ALONG WITH OP(C) Nos.546, 547, 549, 551, 552 AND 554 OF 2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C) Nos.546, 547, 549, 551,
552, 554 and 557 OF 2022
8
JUDGMENT
These are Original Petitions filed under
Article 227 of the Constitution of India by the
petitioners, M/s.Gail (India) Ltd. M/s.Gail
(India) Ltd is aggrieved in the matter of
allowing condonation of delay in filing the
original petitions under Rule 5 of the
Petroleum and Minerals Pipelines (Acquisition
of Right of User in Land) Rules, 1963 (for
short 'PMP Rules'). The power of the District
Judge to condone the delay in filing an
application for determination of compensation
under Rule 5 of the PMP Rules by invoking
Section 5 of the Limitation Act is the
pertinent question herein to be decided. For
clarity, Rule 5 of the PMP Rules is extracted
as under;
"5. Application to the District Judge for
determination of compensation.- Any party
aggrieved by the determination of the
amount of compensation may prefer an
application to the District Judge within
O.P.(C) Nos.546, 547, 549, 551,
552, 554 and 557 OF 2022
the limits of whose jurisdiction the land
or any part thereof is situated, not
later than ninety days of the receipt of
the intimation from the competent
authority under rule 4(3)"
2. It is submitted by the learned counsel
for the petitioners that the Petroleum and
Minerals Pipelines (Acquisition of Right of
User in Land) Act, 1962 being a special
statute, the expression "not later than ninety
days" in Rule 5, providing the outer time limit
within which the application has to be filed
before the District Judge, excludes the
provisions of the Limitation Act.
3. The learned counsel for the other side
zealously opposed their contention and
submitted that Section 5 of the Limitation Act
squarely would apply in these matters.
4. In this context, reference to a
decision of a Division Bench of this Court in
Omana Kunjamma V. Deputy Collector and
Competent Authority (Kerala) [2019 (1) KLT 949]
O.P.(C) Nos.546, 547, 549, 551,
552, 554 and 557 OF 2022
is necessary. Therein it has been held that an
application under Section 5 of the Limitation
Act, 1963 is maintainable for invoking Rule 5
of the PMP Rules. Therein, the Division Bench
approved the decision of the learned Single
Judge of this Court in Petronet CCK Ltd. v.
Vijayan [2005(1) KLT 773] and disagreed with
the contrary view taken by the Gujarat High
Court in Gail (India) Ltd. v. Commanding
Officer [2016 GLH (2) 7].
5. Whereas, the learned counsel for the
petitioners submitted that, as against the
decision in Omana Kunjamma (Supra), the
petitioners had preferred Special Leave
Petition before the Hon'ble Supreme Court and
the same is pending consideration. But the
learned counsel fairly conceded that no stay is
there in the said matter.
6. Thus it has to be held that the decision
of the Division Bench of this Court in Omana
Kunjamma (Supra) will hold the field, until the
O.P.(C) Nos.546, 547, 549, 551,
552, 554 and 557 OF 2022
said ratio is unsettled by the Apex Court.
Therefore, these Original Petitions are liable
to be dismissed, confirming the finding in the
impugned orders following the ratio in Omana
Kunjamma (Supra). However, it is made clear
that the final decision on the question as to
whether Section 5 of the Limitation Act can be
made applicable to an application under Rule 5
of the PMP Rules will depend upon the outcome
of the Special Leave Petition pending before
the Hon'ble Supreme Court.
Accordingly, with the above observation,
these Original Petitions are dismissed.
Sd/-
A. BADHARUDEEN,
JUDGE
WW
O.P.(C) Nos.546, 547, 549, 551,
552, 554 and 557 OF 2022
APPENDIX OF OP(C) 546/2022
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PETITION I.A.NO.8/2020
FILED BEFORE THE DISTRICT JUDGE, MANJERI.
EXHIBIT P2 TRUE COPY OF THE COUNTER STATEMENT FILED BY
THE 2ND RESPONDENT IN I.A NO.8/2020 IN BEFORE
THE DISTRICT COURT, MANJERI.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 26.11.2021 IN
I.A.NO.8/2020 IN O.P.(GAIL) NO.373/2021 OF
THE COURT OF DISTRICT JUDGE, MANJERI.
O.P.(C) Nos.546, 547, 549, 551,
552, 554 and 557 OF 2022
APPENDIX OF OP(C) 547/2022
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PETITION I.A NO.1164/2019
FILED BEFORE THE DISTRICT JUDGE, MANJERI.
EXHIBIT P2 TRUE COPY OF THE COUNTER STATEMENT FILED BY
THE 2ND RESPONDENT IN I.A NO.1164/2019 IN
BEFORE THE DISTRICT COURT, MANJERI.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 10.11.2021 IN
I.A NO.1164/2019 IN O.P(GAIL) NO.331/2021
OF THE COURT OF DISTRICT JUDGE, MANJERI.
O.P.(C) Nos.546, 547, 549, 551,
552, 554 and 557 OF 2022
APPENDIX OF OP(C) 549/2022
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PETITION I.A. NO.9/2020 IN
O.P.(GAIL), FILED BEFORE THE DISTRICT
JUDGE, MANJERI.
EXHIBIT P2 TRUE COPY OF THE COUNTER STATEMENT FILED BY
THE 3RD RESPONDENT IN I.A. NO.9/2020 IN
BEFORE THE DISTRICT COURT MANJERI.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 26.11.2021 IN
I.A. NO.9/2020 IN O.P. (GAIL ) NO.374/2021
OF THE COURT OF DISTRICT JUDGE, MANJERI.
O.P.(C) Nos.546, 547, 549, 551,
552, 554 and 557 OF 2022
APPENDIX OF OP(C) 551/2022
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PETITION I.A NO.1163/2019 FILED
BEFORE THE DISTRICT JUDGE, MANJERI.
EXHIBIT P2 TRUE COPY OF THE COUNTER STATEMENT FILED BY THE
2ND RESPONDENT IN I.A NO.1163/2019 BEFORE THE
DISTRICT COURT, MANJERI.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 10.11.2021 IN I.A
NO.1163/2019 IN O.P (GAIL) NO.330/2021 OF THE
COURT OF DISTRICT JUDGE, MANJERI.
O.P.(C) Nos.546, 547, 549, 551,
552, 554 and 557 OF 2022
APPENDIX OF OP(C) 552/2022
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PETITION I.A NO.10/2020
FILED BEFORE THE DISTRICT JUDGE, MANJERI.
EXHIBIT P2 TRUE COPY OF THE COUNTER STATEMENT FILED BY
THE 2ND RESPONDENT IN I.A NO.10/2020 BEFORE
THE DISTRICT COURT, MANJERI.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 26.11.2021 IN
I.A NO.10/2020 IN O.P(GAIL) NO.375/2021 OF
THE COURT OF DISTRICT JUDGE, MANJERI.
O.P.(C) Nos.546, 547, 549, 551,
552, 554 and 557 OF 2022
APPENDIX OF OP(C) 554/2022
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PETITION I.A
NO.1759/2019 FILED BEFORE THE DISTRICT
JUDGE, MANJERI.
EXHIBIT P2 TRUE COPY OF THE COUNTER STATEMENT
FILED BY THE 2ND RESPONDENT IN I.A
NO.1759/2019 IN BEFORE THE DISTRICT
COURT, MANJERI.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 10.11.2021
IN IA NO.1759/2019 IN O.P(GAIL)
NO.333/2021 OF THE COURT OF DISTRICT
JUDGE, MANJERI.
O.P.(C) Nos.546, 547, 549, 551,
552, 554 and 557 OF 2022
APPENDIX OF OP(C) 557/2022
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PETITION I.A NO.1740/2019
FILED BEFORE THE DISTRICT JUDGE, MANJERI.
EXHIBIT P2 TRUE COPY OF THE COUNTER STATEMENT FILED BY
THE 2ND RESPONDENT IN I.A NO.1740/2019 BEFORE
THE DISTRICT COURT, MANJERI.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 10.11.2021 IN
I.A NO.1740/2019 IN O.P(GAIL) NO.332/2021
OF THE COURT OF DISTRICT JUDGE, MANJERI.
