Muhammed @ Mani vs Union Of India
2023 Latest Caselaw 6517 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
     TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                       WP(C) NO. 19121 OF 2023


PETITIONER:

          MUHAMMED @ MANI
          AGED 68 YEARS, S/O. MUHAMMED,
          ARUKANDATHIL HOUSE, AYANKALAM P.O., TAVANUR,
          MALAPPURAM DISTRICT, PIN - 679 573.

          BY ADV C.M.MOHAMMED IQUABAL



RESPONDENTS:

    1     UNION OF INDIA
          REPRESENTED BY THE SECRETARY,
          MINISTRY OF ROAD TRANSPORT AND HIGHWAY,
          NEW DELHI, PIN - 110 001.

    2     THE NATIONAL HIGHWAYS AUTHORITY OF INDIA
          G 5 & 6, SECTOR 10, DWARAKA, NEW DELHI, PIN - 110 075.
          REPRESENTED BY ITS DIRECTOR.

    3     THE DISTRICT COLLECTOR, MALAPPURAM,
          COLLECTORATE, MALAPPURAM P.O.,
          MALAPPURAM DISTRICT, PIN - 676 505.

    4     THE DEPUTY COLLECTOR AND COMPETENT AUTHORITY,
          LAND ACQUISITION (NH 66), COLLECTORATE,
          MALAPPURAM P.O., MALAPPURAM DISTRICT, PIN - 676 505.

    5     THE TAHSILDAR (LA NH), PONNANI,
          OFFICE OF THE TAHSILDAR, PONNANI P.O.,
          MALAPPURAM DISTRICT, PIN - 679 577.

    6     THE VILLAGE OFFICER,
          TAVANUR VILLAGE OFFICE, TAVANUR P.O., PONNANI TALUK,
          MALAPPURAM DISTRICT, PIN - 679 573.
 WP(C) NO.19121 OF 2023            2



    7     THE PROJECT DIRECTOR (NHAI),
          COCHIN, VII/511B, NETHELI MAVELIPURAM ROAD,
          MAVELIPURAM, KAKKANAD, ERNAKULAM, PIN - 682 030.

          BY ADVS
                    S MANU (DSGI),
                    PREETHA K K (SR GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.19121 OF 2023                   3



                                 JUDGMENT

Petitioner has approached this Court, seeking a limited

relief. The petitioner prays that an application filed by the

petitioner before the 3rd respondent under the provisions of

Section 3G(5) of the National Highway Act, 1956, be considered

and disposed of, after affording an opportunity of hearing to the

petitioner, within a time frame.

2. Having regard to the facts and circumstances of the

case and considering the limited nature of relief sought for by the

petitioner, the writ petition will stand disposed of, directing the

3rd respondent to consider and pass orders on Ext.P5, in

accordance with law, and after affording an opportunity of

hearing to the petitioner, within a period of eighteen months

from the date of receipt of a certified copy of this judgment.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE ats

APPENDIX OF WP(C) 19121/2023

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE BASIC TAX RECEIPT NO.

KL10030906493/2023 ISSUED BY TAVANUR VILLAGE OFFICE DATED 7.6.2023

Exhibit P1(a) THE TRUE COPY OF THE BASIC TAX RECEIPT NO.

KL10030906494/2023 ISSUED BY TAVANUR VILLAGE OFFICE DATED 7.6.2023

Exhibit P1(b) THE TRUE COPY OF BASIC TAX RECEIPT NO.

KL10030905589/2023 ISSUED BY TAVANUR VILLAGE OFFICE DATED 24.5.2023 i

Exhibit P2 THE TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY THE TAVANUR GRAMA PANCHAYATH DATED 16.8.2022

Exhibit P3 THE TRUE COPY OF THE AWARD ISSUED BY THE 4TH RESPONDENT DATED 21.01.2023

Exhibit P4 THE TRUE COPY OF THE REPORT OF THE TAVANUR GRAMA PANCHAYATH DATED 4.8.2022

Exhibit P5 THE TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE 3RD RESPONDENT DATED 31.05.2023