N. Asokakumar vs District Collector
2023 Latest Caselaw 1429 Ker

Citation : 2023 Latest Caselaw 1429 Ker
Judgement Date : 20 January, 2023

Kerala High Court

N. Asokakumar vs District Collector on 20 January, 2023

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
                        WP(C) NO. 1953 OF 2023


PETITIONER:

          N. ASOKAKUMAR
          AGED 68 YEARS
          S/O. LATE N. KESAVAN NAIR,
          BMRA 106, BALAKRISHNA MENON ROAD,
          EDAPALLY.P.O., KOCHI, PIN - 682024

          BY ADV SMT.N.SHOBHA



RESPONDENTS:

    1     DISTRICT COLLECTOR, ALAPPUZHA,
          (ARBITRATOR APPOINTED UNDER THE PROVISIONS OF
          ARBITRATION AND CONCILIATION ACT 1996),
          CIVIL STATION, ALAPPUZHA
          PIN - 688001

    2     THE SPECIAL DEPUTY COLLECTOR AND
          COMPETENT AUTHORITY LA (NH)
          ALAPPUZHA, CIVIL STATION,
          ALAPPUZHA, PIN - 688001

    3     THE SPECIAL TAHSILDAR LA (NH)
          UNIT III, CHERTHALA,
          ALAPPUZHA DISTRICT, PIN - 688524

    4     THE SECRETARY,
          MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
          TRANSPORT BHAVAN, 1, PARLIAMENT STREET,
          NEW DELHI, PIN - 110001

    5     THE PROJECT DIRECTOR
          NATIONAL HIGHWAY AUTHORITY OF INDIA,
          1ST FLOOR, KRISHNAKRIPA,
          TC 36/574-1, ERA 42, PALKULANGARA,
          THIRUVANANTHAPURAM, PIN - 695024
 WP(C) NO. 1953 OF 2023
                                      2



     6       ASSISTANT DIRECTOR, RESURVEY,
             CHENGANUUR, ALAPPUZHA DISTRICT
             PIN - 688011

     7       THE EXECUTIVE ENGINEER
             PUBLIC WORKS DEPARTMENT,
             ROAD DIVISION, ALAPPUZHA DISTRICT,
             PIN - 688001

             SRI.LEJO JOSEPH GEORGE, SC
             SMT.C.S.SHEEJA, SR.GOVT.PLEADER




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   20.01.2023,   THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 1953 OF 2023
                                  3



                           T.R. RAVI, J.
            --------------------------------------------
                    W. P. (C). No. 1953 of 2023
             --------------------------------------------
             Dated this the 20th day of January, 2023

                            JUDGMENT

Admit. Government Pleader takes notice for respondents 1

to 3, 6 & 7. Standing counsel takes notice for the 5 th respondent.

DSGI takes notice for the 4th respondent.

2. The prayer in the writ petition is for a direction to the 1 st

respondent to consider and pass orders on Ext.P7 application filed

under Section 3G(5) of the National Highways Act against an

award passed on acquisition of properties belonging to the

petitioner. Ext.P7 is dated 19.07.2022.

In view of the limited prayer made, this writ petition is

disposed of directing the 1st respondent to consider and pass

orders on Ext.P7, treating it as an application filed under Section

3G(5) of the National Highways Act, after hearing the petitioner

and the representative of the 5th respondent, at the earliest, at

any rate, within six months from the date of receipt of a certified

copy of this judgment. Petitioner shall produce a copy of this WP(C) NO. 1953 OF 2023

judgment along with a copy of this writ petition and copy of Ext.P7

before the 1st respondent for compliance.

Sd/-

T.R. RAVI JUDGE

Pn WP(C) NO. 1953 OF 2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE GIFT DEED NO. 2336/81 DATED 26.3.1981 ON THE FILE OF SRO, CHERTHALA MADE BY THE FATHER OF THE PETITIONER

Exhibit P2 TRUE COPY OF THE PATTA ISSUED BY THE LAND TRIBUNAL CHERTHALA IN THE NAME OF THE SM NO. 31/1992 DATED 27.4.1993 IN SY.NO. 39/1B2 OF PATTANAKKAD VILLAGE.

Exhibit P3 TRUE COPY OF THE PATTA ISSUED BY THE SM NO. 40/91 DATED 27.6.92 BY THE LAND TRIBUNAL, CHERTHALA IN SY. NO. 39/1A OF PATTANAKKAD VILLAGE.

Exhibit P4 TRUE COPY OF THE NOTE TO AWARD DATED 11.5.1993 IN LA NO. 358/92-93 REGARDING ACQUISITION OF THE PROPERTY OF THE

OF THE PATTANAKKAD VILLAGER FOR NH 47.

Exhibit P5 TRUE COPY OF THE AWARD DATED 25.3.2022 IN LAC NO. 453/2019/PATTANAKKAD/S.O.796(E)A2- 837/2022 PASSED BY THE SPECIAL DEPUTY COLLECTOR AND THE COMPETENT AUTHORITY, NATIONAL HIGHWAY, ALAPPUZHA

Exhibit P6 TRUE COPY OF THE NOTICE NO.

453/2019/PATTANAKKAD/ BL0/S.O.796(E)A- 837/2022 DATED 25.3.2022 ISSUED BY THE SPECIAL DEPUTY COLLECTOR/COMPETENT AUTHORITY NH (LA), ALAPPUZHA TO THE PETITIONER

Exhibit P7 TRUE COPY OF THE MEMORANDURM OF THE ARBITRATION REQUEST NO. SR/ARB/1714/2022 FIELD UNDER SECTION 3/G(5) FO THE NH ACT 1956 BEFORE THE 1ST RESPONDENT 19.7.2022