Girija Subrahmanian vs Union Of India
2023 Latest Caselaw 5104 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
    THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
                       WP(C) NO. 13272 OF 2023
PETITIONERS:

    1     GIRIJA SUBRAHMANIAN
          AGED 67 YEARS
          W/O SUBRAHMANIAN, KANNANKERANHOUSE,
          THAMPANKADAVU P.O., THALIKKULAM-680569
    2     ANJITH KS
          AGED 44 YEARS
          S/O. SUBRAHMANIAN, KANNANKERAN HOUSE,
          THAMPANKADAVU P.O THALIKKULAM- 680569
    3     AMITH KS
          AGED 40 YEARS
          S/O SUBRAHMANIAN, KANNANKERAN HOUSE, P.O
          THAMPANKADAVU,THALIKKULAM- 680569
    4     ABITH KS
          AGED 38 YEARS
          S/O SUBRAHMANIAN, KANNANKERAN HOUSE
          THAMPANKADAVU P.O THALIKKULAM- 680569
          BY ADVS.
          R.S.KALKURA
          M.S.KALESH
          HARISH GOPINATH
          SILPA S.


RESPONDENTS:

    1     UNION OF INDIA
          REPRESENTED BY THE SECRETARY,
          ROAD TRANSPORT AND HIGHWAYS DEPARTMENT,
          TRANSPORT BHAWAN, 1, PARLIAMENT STREET,
          NEW DELHI -110001, PIN - 110001
    2     NATIONAL HIGHWAYS AUTHORITY OF INDIA
          G 5&6, SECTOR-10, DWARKA,
          NEW DELHI - 110 075,
          REPRESENTED BY ITS SECRETARY
    3     THE DISTRICT COLLECTOR
          (EXERCISING THE POWER OF ARBITRATOR
          AS PER S.3 G (5) OF THE NATIONALHIGHWAYS ACT),
          THRISSUR DISTRICT COLLECTORATE,
          CIVIL STATION, CIVIL LINES RD,
          KALYAN NAGAR, AYYANTHOLE, HRISSUR,
          KERALA - 680003
 WPC No.13272 of 2023

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      4        SPECIAL DEPUTY COLLECTOR
               OFFICE OF THE SPECIAL DEPUTY COLLECTOR,
               LANH, KUTTIPPURAM, EDAPPALLY,
               KODUNGALLUR, KERALA-680664
      5        SPECIAL THAHASILDAR LA(NH)
               MINI CIVIL STATION,
               NATIONAL HIGHWAY 17, STAR NAGAR,
               KODUNGALLUR, KERALA-680664
               BY SRI.S.MANU (DSGI)
               SRI. BIMAL K NATH (SR GP)



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   13.04.2023,       THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WPC No.13272 of 2023

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                               JUDGMENT

The petitioners have approached this Court

being aggrieved by the fact that compensation for land

acquired for the petitioners for the purposes of the

development of National Highway has not been paid to

them. It is pointed out that by Ext.P9 letter dated

17.6.2022, the competent authority had asked for

certain clarifications and the petitioners have submitted

Ext.P10 on 23.02.2023 giving the necessary

clarifications. Therefore, it is submitted that the

competent authority may be directed to consider

Ext.P10 and take a decision in the matter within a time

frame to be fixed by this Court.

2. Heard the learned Senior Government

Pleader also.

3. The learned Senior Government Pleader

would submit that there is absolutely no objection in

directing the competent authority to consider Ext.P10 WPC No.13272 of 2023

and take a decision in the matter in accordance with the

law.

Accordingly, this writ petition will stand

disposed of, directing the fourth respondent to consider

Ext.P10 and take a decision in the matter in accordance

with the law and after affording an opportunity of

hearing to the petitioners or their authorised

representatives within a period of two months from the

date of receipt of a certified copy of this judgment.

Sd/-

GOPINATH P., JUDGE rkj WPC No.13272 of 2023

APPENDIX OF WP(C) 13272/2023

PETITIONER EXHIBITS Exhibit1 P1 TRUE COPY OF THE SALE DEED DATED 07.12.1987 BEARING NO. 1483 OF 1987 OF VADANAPPALLY SUB REGISTRY OFFICE Exhibit P2 TRUE COPY OF THE TAX RECEIPT BEARING NO.

KL 08040404596/2021 DATED 08.07.2021 Exhibit P3 TRUE COPY OF THE SALE DEED NO. 976 OF 1987 DATED 14.08.1987 OF THE VADANAPPALLY SUB REGISTRY OFFICE Exhibit P4 TRUE COPY OF THE TAX RECEIPT BEARING NO.

KL 08040404564/2021 DATED 08.07.2021 Exhibit P5 TRUE COPY OF THE POSSESSION CERTIFICATE NO. 712/2 DATED 20-12-2021 Exhibit P6 TRUE COPY OF THE POSSESSION AND NONATTACHMENT CERTIFICATE DATED 21-07-

Exhibit P7 TRUE COPY OF NOTICE DATED 11-06-2021 ISSUED BY THE NATIONAL HIGHWAY AUTHORITIES VIZ. THE 4TH RESPONDENT TO SUBRAMANIAN AND OTHERS Exhibit P8 TRUE COPY OF NOTICE DATED 11-06-2021 ISSUED BY THE NATIONAL HIGHWAY AUTHORITIES VIZ. THE 4TH RESPONDENT TO THE 2ND PETITIONER AND OTHER LEGAL HEIRS OF LATE SUBRAMANIAN Exhibit P9 TRUE COPY OF THE NOTICE DATED 17-06-2022 ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER AND OTHERS Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 23-02-2023