C.R.Kunhikannan vs The Union Of India
2022 Latest Caselaw 5103 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
         FRIDAY, THE 6TH DAY OF MAY 2022 / 16TH VAISAKHA, 1944
                       WP(C) NO. 15519 OF 2022
PETITIONERS:

    1       C.R.KUNHIKANNAN
            AGED 60 YEARS
            S/O.CHEKKOTTI,
            CHERIYARAYAROTH, C.R.NILAYAM HOUSE, THODANNOOR PO
            VATAKARA TALUK, KOZHIKODE DISTRICT - 673 102
    2       BALAN S/O.CHATHU
            KALLIYOTTU KUNIYIL, PUTHANPURAYIL HOUSE,
            RAYARANGOTH PO, CHORODU VILLAGE
            VATAKARA TALUK, KOZHIKODE DISTRICT-673 102
    3       SANTHA, D/O.KELAPPAN
            VALIYAMANIKKOTH HOUSE
            CHOMBALA P O, AZHIYUR VILLAGE
            VATAKARA TALUK, KOZHIKODE DISTRICT - 673 308
    4       LEELA D/O.KELAPPAN, PUNNENTAVIDA HOUSE,
            PUNNOL P O, THALASSERY TALUK,
            KANNOOR DISTRICT - 673 307
    5       VASANTHA, D/O.KELAPPAN, REKHA NIVAS,
            PUTHANPURAYIL HOUSE
            PUTHOOR P O, VATAKARA TALUK,
            KOZHIKODE DISTRICT - 673 103
    6       INDHIRA, E/O.KELAPPAN,
            MUNNUMMOOLAPPARAMBATH HOUSE, CHOMBALA P O
            VATAKARA TALUK, KOZHIKODE DISTRICT - 673 308
    7       SOUMINI
            D/O.KELAPPAN,
            MUNNUMMOOLAPPARAMBATH HOUSE,
            CHOMBALA P O, VATAKARA TALUK,
            KOZHIKODE DISTRICT - 673 308
    8       MANOJ KUMAR,
            S/O.SOUMINI,
            MUNNUMMOOLAPPARAMBATH HOUSE,
            CHOMBALA P O, VATAKARA TALUK
            KOZHIKODE DISTRICT - 673 308
    9       RAJEESH, S/O.SOUMINI
            MUNNUMMOOLAPPARAMBATH HOUSE,
            CHOMBALA P O, VATAKARA TALUK
            KOZHIKODE DISTRICT - 673 308
    10      SHIJITH S/O.SOUMINI
            MUNNUMMOOLAPPARAMBATH HOUSE,
            CHOMBALA P O, VATAKARA TALUK
            KOZHIKODE DISTRICT - 673 308
 WP(C) NO. 15519 OF 2022
                            2

   11    SOUMINI, W/O.SUKUMARAN
         SUMANA "THEKKEPEEDIKAKANDY HOUSE
         CHOMBALA P O, VATAKARA TALUK
         KOZHIKODE DISTRICT - 673 305
   12    PATHUMMA T.N., W/O.ALI
         ANANGARATH HOUSE, CHOMBALA P O
         VATAKARA TALUK, KOZHIKODE DISTRICT - 673 308
   13    S AJMAL, S/O.SAYYID MUHAMMAD,
         PUNATHIL HOUSE,
         MADAPPALLY COLLEGE P O
         ONCHIYAM, VATAKARA TALUK,
         KOZHIKODE DISTRICT - 673 308
         BY ADVS.
         ZUBAIR PULIKKOOL
         K.SEENA


RESPONDENTS:

    1    THE UNION OF INDIA
         REPRESENTED BY SECRETARY,
         MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
         GOVERNMENT OF INDIA, CENTRAL DELHI P O
         NEW DELHI - 110 001
    2    DIRECTOR GENERAL (ROAD DEVELOPMENT) AND SPECIAL
         SECRETARY ROOM NO.213,
         MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
         TRANSPORT BHAVAN-1, PARLIAMENT STREET, CENTRAL
         DELHI P O, NEW DELHI 110 001
    3    PROJECT DIRECTOR,
         NATIONAL HIGHWAYS AUTHORITY OF INDIA (HEAD
         OFFICE),
         DWARAKA SECTOR 10, SOUTH WEST DELHI PO
         NEW DELHI - 110 075
    4    CHAIRMAN, NHAI, G-5 AND 6, SECTOR -10
         DWARAKA, SOUTH WEST DELHI P O
         NEW DELHI - 110 075
    5    STATE OF KERALA, REPRESENTED BY ITS SECRETARY
         PUBLIC WORKS DEPARTMENT, SECRETARIAT,
         THIRUVANANTHAPURAM PIN - 695 001
    6    PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF
         INDIA, PROJECT IMPLEMENTATION UNIT, KOZHIKODE,
         LOTUS (H), 34/1487 A, PROVIDENCE WOMENS KOZHIKODE
         - 673 009
 WP(C) NO. 15519 OF 2022
                                 3

    7       SPECIAL DEPUTY COLLECTOR,
            LAND ACQUISITION (NH) COLLECTORATE,
            WAYANAD RD, CIVIL STATION P O, ERANHIPALAM
            KOZHIKODE - 673 020
    8       SPECIAL TAHSILDAR (LA(NH), VATAKARA MINI CIVIL
            STATION
            COURT ROAD, VATAKARA P O,
            KOZHIKODE - 673 101


            ASG S.MANU,
            SC SRI.B.G BIDAN CHANDRAN,
            GP SMT. REKHA C NAIR




     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   06.05.2022,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 15519 OF 2022
                                  4

                            JUDGMENT

The petitioner has approached this Court seeking a direction

to the 7th respondent to consider and pass orders on Exts.P3 to P8

appeals filed before him by the petitioners, taking note of Exts.P1

and P2 judgments of this Court.

2. Having regard to the limited nature of the relief sought

for in the writ petition, the writ petition will stand disposed of

directing the 7th respondent to consider and pass orders on Exts.P3

to P8, after affording an opportunity to hearing the petitioners and

also considering Exts.P1 and P2 judgments of this Court.

I make it clear that I have not expressed any opinion on the

merits of the claim made by the petitioner and it is for the the 7 th

respondent to consider the matter on merits. The 7th respondent

shall endevour to pass final orders on Exts.P3 to P8 within a period

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

This writ petition stands disposed of as above.

Sd/-

GOPINATH P.

JUDGE

nkr WP(C) NO. 15519 OF 2022

APPENDIX OF WP(C) 15519/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT IN WPC 23142/2021 DATED 30.11.2021 Exhibit P2 TRUE COPY OF JUDGMENT IN WPC 12598/2021 DATED 09.09.2021 Exhibit P3 TRUE COPY OF THE APPEAL SUBMITTED BY 1ST PETITIONER BEFORE 7TH RESPONDENT DATED 08.01.2022 Exhibit P4 TRUE COPY OF THE APPEAL SUBMITTED BY THE 2ND PETITIONER BEFORE 7TH RESPONDENT DATED 08.01.2022 Exhibit P5 TRUE COPY OF THE APPEAL SUBMITTED BY PETITIONERS 3 TO 10 BEFORE 7TH RESPONDENT DATED 08.01.2022 Exhibit P6 TRUE COPY OF THE APPEAL SUBMITTED BY 11TH PETITIONER BEFORE 7TH RESPONDENT DATED 08.01.2022 Exhibit P7 TRUE COPY OF THE APPEAL SUBMITTED BY 12TH PETITIONER BEFORE 7TH RESPONDENT DATED 08.01.2022.

Exhibit P8 TRUE COPY OF THE APPEAL SUBMITTED BY 13TH PETITIONER BEFORE 7TH RESPONDENT DATED 08.01.2022