Safiya vs The District Collector & ...
2023 Latest Caselaw 2070 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
        FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
                        WP(C) NO. 3530 OF 2023
PETITIONER:

            SMT.SAFIYA,
            AGED 58 YEARS,
            W/O. SAIDHALI, AGED 58 YEARS, RESIDING AT MUKKANDATH
            MANALUR HOUSE, EDAKKAZHIYUR P.O, THRISSUR DISTRICT,
            PIN - 680 515.

            BY ADVS.
            M.S.SAJEEV KUMAR
            LAKSHMI S KUMAR
            A.N.JYOTHILEKSHMI



RESPONDENTS:

    1       THE DISTRICT COLLECTOR & ARBITRATOR,
            COLLECTORATE, CIVIL STATION, AYYANTHOLE, THRISSUR,
            KERALA, PIN - 680 003.

    2       NATIONAL HIGHWAY AUTHORITY OF INDIA,
            VII/511B, MAVELIPURAM, KAKKANAD, ERNAKULAM, KERALA,
            PIN - 682 030, REPRESENTED BY ITS PROJECT OFFICER.

    3       THE DEPUTY COLLECTOR,
            COMPETENT AUTHORITY AND LAND ACQUISITION,
            LA NH 17, KUTTIPURAM - EDAPPALLY, KODUNGALLOOR,
            KERALA, PIN - 680 668.

            BY SRI.BIMAL K NATH, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 3530 OF 2023

                                   2




                            JUDGMENT

The petitioner has approached this Court being aggrieved

by the fact that Ext.P3 application filed by the petitioner before

the 1st respondent in terms of Section 3G(5) of the National

Highways Act, 1956 has not been decided, despite the fact that

the said application was filed as early as on 04.01.2022.

2. Heard the learned Government Pleader for the

respondents also.

3. Having regard to the facts and circumstances of this

case, this writ petition will stand disposed of directing the 1 st

respondent to consider Ext.P3 in accordance with law and pass

orders thereon as expeditiously as possible and at any rate,

within a period of twelve months from the date of receipt of a

certified copy of this judgment.

The writ petition will stand disposed of as above.

Sd/-

GOPINATH P.

JUDGE DK WP(C) NO. 3530 OF 2023

APPENDIX OF WP(C) 3530/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE LAC NO.

E2/EDA/002575/2021 DATED NIL

Exhibit P2 TRUE COPY OF AWARD NO.1/2021-

E2/EDA/002575/2021 DATED 22-09-2021

Exhibit P3 TRUE COPY OF THE CLAIM STATEMENT DATED NIL, SUBMITTED BY THE PETITIONER, BEFORE THE 1ST RESPONDENT.