Sasi vs State Of Kerala
2023 Latest Caselaw 8874 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
     MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                        WP(C) NO. 6707 OF 2023
PETITIONER:

          SASI
          AGED 50 YEARS, S/O.NAANU,
          NALAAMKANDATHIL, IRINGALDESOM, KOYILANDY TALUK,
          KOZHIKODE DISTRICT, PIN - 673 521.

          BY ADVS.
                    SANTHARAM.P
                    REKHA ARAVIND
                    P.G.GOKULNATH



RESPONDENTS:

    1     STATE OF KERALA
          REP.BY ITS CHIEF SECRETARY, GOVT. OF KERALA,
          GOVT.SECRETARIAT, TRIVANDRUM, PIN - 695 001.

    2     THE DISTRICT COLLECTOR
          DISTRICT COLLECTORATE, WAYANAD ROAD, CIVIL STATION,
          ERANHIPPALAM, KOZHIKODE, PIN - 673 020.

    3     THE NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI)
          REPRESENTED BY THE PROJECT DIRECTOR
          NHAI, KOZHIKODE, NH PIU OFFICE, BLD. NO. 34/743-B,
          VAISHNAVAS, BEHIND POPULAR MARUTHI SHOW ROOM,
          CIVIL STATION, P.O. KOZHIKODE, PIN - 673 020.

    4     THE COMPETENT AUTHORITY AND SPECIAL DEPUTY COLLECTOR
          LAND ACQUISITION (NHAI), CIVIL STATION,
          KOZHIKODE DISTRICT, PIN - 673 020.

          BY ADVS.
                    SMT.DEEPA V.(G.P.)
                    MATHEWS K.PHILIP KALAPPURACKAL PHILIPOSE



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.6707/2023                  2


                            JUDGMENT

Petitioner has approached this Court, projecting a grievance

that though a larger extent of property belonging to the petitioner

was acquired for the purpose of the development of National

Highway-66, the petitioner has been granted compensation only for

a smaller extent. Petitioner has preferred Ext.P9 representation

before the 4th respondent and prays that the respondent may be

directed to consider Ext.P9, in accordance with the law, within a

time frame to be fixed by this Court.

2. The learned Government Pleader would submit that the

properties belonging to the petitioner were subject matter of two

land acquisition cases, namely LAC No.18/2017 and LAC No.

382/2017 on the file of the 4 th respondent. It is submitted that the

prayer made by the petitioner for a consideration of Exts.P8 and P9

applications cannot be granted as the remedy of the petitioner, if at

all, lies in preferring an application under Section 3G(5) of the

National Highways Act, 1956. It is submitted that after the awards

have been passed, the 4th respondent has become functus officio

and has no jurisdiction whatsoever to tinker with or modify the

awards which have already been passed.

Having heard the learned counsel for the petitioner and the

learned Government Pleader, I am of the opinion that the learned

Government Pleader is right in contending that, after awards have

been passed under the provisions of the National Highways Act,

1956, the 4th respondent has no jurisdiction to modify those awards

and to pass fresh awards, as the 4 th respondent has already become

functus officio. If the petitioner is in any manner aggrieved by the

awards passed by the 4th respondent, it is for the petitioner to avail

statutory remedies under Section 3G(5) of the National Highways

Act, 1956. Reserving the right of the petitioner to avail such

remedies, in accordance with the law, this writ petition will stand

dismissed.

Sd/-

GOPINATH P.

JUDGE ats

APPENDIX OF WP(C) 6707/2023

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF SALE DEED NO. 3504/2015 OF PAYYOLI SRO DATED 19/12/2015

Exhibit P2 A TRUE COPY OF CERTIFICATE ISSUED BY VILLAGE OFFICER, IRINGOL TO PETITIONER NIL DATED SHOWING THAT THE PETITIONER IS IN ABSOLUTE OWNER AND IN POSSESSION OF THE PROPERTY

Exhibit P3 A TRUE COPY OF LOCATION CERTIFICATE OF EXHIBIT P1 PROPERTY

Exhibit P4 A TRUE COPY OF TAX RECEIPT OF EXHIBIT P1 PROPERTY DATED 30.06.2016

Exhibit P5 A TRUE COPY OF PROCEEDINGS INITIATED BY 4TH RESPONDENT IN EXHIBIT P1 PROPERTY IN LAC NO. 18/2017 DATED 26.09.2018

Exhibit P6 A TRUE COPY OF PROCEEDINGSINITIATED BY 4TH RESPONDENT IN EXHIBIT P1 PROPERTY IN LAC NO. 382/17/3D2 DATED 14.08.2020

Exhibit P7 A TRUE COPY OF SKETCH ISSUED BY LAND SURVEYOR NIL DATED

Exhibit P8 A TRUE COPY OF APPLICATION FILED BY PETITIONER BEFORE 4TH RESPONDENT WITH RECEIPT ENDORSEMENT DATED 24.09.2022

Exhibit P9 A TRUE COPY OF APPLICATION FILED BY PETITIONER BEFORE 4TH RESPONDENT WITH RECEIPT ENDORSEMENT DATED 16.01.2023