Citation : 2023 Latest Caselaw 3925 Ker
Judgement Date : 30 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
WP(C) NO. 10664 OF 2023
PETITIONER/S:
1 CHANDRAMOHANAN K.C, AGED 59 YEARS
INDEEVARAM, ERUVA, KAREELAKULANGARA.P.O, ALAPPUZHA DISTRICT,
PIN - 690572
2 M ABOOBACKER, AGED 68 YEARS, VELLALIL, KEERIKKAD.P.O.,
KAYAMKULAM, ALAPPUZHA DISTRICT., PIN - 690502
3 MINI R, AGED 46 YEARS, D/O CHANDRASEKHARAN NAIR,
MOODAMPADIYIL, KAREELAKULANGARA.P.O, ALAPPUZHA DISTRICT.,
PIN - 690572
4 M.K YOUSAF, AGED 50 YEARS, S/O MUHAMMED KUNJU AYANTEKALAM
(MKY MANZIL) THOTTAPPALLY, PURAKKAD P.O, ALAPPUZHA
DISTRICT., PIN - 688561
BY ADVS.
P.A.MOHAMMED SHAH
RENOY VINCENT
SHAHIR SHOWKATH ALI
CHELSON CHEMBARATHY
RESPONDENT/S:
1 UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF ROAD
TRANSPORT AND HIGHWAYS, NEW DELHI., PIN - 110001
2 NATIONAL HIGHWAYS AUTHORITY OF INDIA - NHAI
NATIONAL HIGHWAY AUTHORITY OF INDIA, G-586, SECTOR-10,
DWARAKA, NEW DELHI REPRESENTED BY ITS CHAIRMAN, PIN - 110075
3 THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA,
TC-29/1539/1, RAJASREE KAIRALI, PERUMTHANNI, VALLAKKADAVU
P.O, THIRUVANANTHAPURAM., PIN - 695008
4 THE DISTRICT COLLECTOR ALAPPUZHA, FIRST FLOOR, COLLECTORATE,
ALAPPUZHA, KERALA, PIN - 688001
5 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY
LAND ACQUISITION, NATIONAL HIGHWAY AUTHORITY OF INDIA,
ALAPPUZHA, PIN - 688001
6 STATE OF KERALA, REPRESENTED BY SECRETARY, PUBLIC WORKS
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001
SRI S MANU DSGI
SRI BIMAL K NATH SR GP
SRI. BINDHAN CHANDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 10664 OF 2023 2
JUDGMENT
Petitioners have approached this Court, seeking a limited
relief. They pray that applications filed by them before the 4 th
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 petitioners, within a time frame
2. Heard the learned Standing Counsel appearing for
respondent Nos.2 and 3 and the learned Senior Government
Pleader appearing for the respondent Nos. 4 to 6.
3. Having regard to the facts and circumstances of the
case and considering the limited nature of relief sought for by the
petitioners, the writ petition will stand disposed of, directing the
4th respondent to consider and pass orders on the applications,
which are acknowledged pursuant to Exts.P4 to P7 receipts, in
accordance with law, and after affording an opportunity of
hearing to the petitioners, within a period of ten 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 ajt
APPENDIX OF WP(C) 10664/2023
PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE COMMON JUDGMENT (WITHOUT EXHIBITS) DATED 24.09.2021 IN WP(C).NO. 3562 OF 2021, 13936 OF 2021, 3267 OF 2021 AND 13984 OF 2021 Exhibit P2 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN CON. CASE ( C ) NO 2131 OF 2021 (WITHOUT EXHIBITS) DATED 20.01.2022 Exhibit P3 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WRIT PETITION (CIVIL) NOS 29525/2021 AND 30169/2021 (WITHOUT EXHIBITS) DATED 05.04.2022 Exhibit P4 A TRUE COPY OF THE RECEIPT OF ACKNOWLEDGEMENT ISSUED BY THE OFFICE OF THE 4TH RESPONDENT Exhibit P5 A TRUE COPY OF THE RECEIPT OF ACKNOWLEDGEMENT ISSUED BY THE OFFICE OF THE 4TH RESPONDENT Exhibit P6 A TRUE COPY OF THE RECEIPT OF ACKNOWLEDGEMENT ISSUED BY THE OFFICE OF THE 4TH RESPONDENT Exhibit P7 A TRUE COPY OF THE RECEIPT OF ACKNOWLEDGEMENT ISSUED BY THE OFFICE OF THE 4TH RESPONDENT Exhibit P8 A COPY OF THE NOTICE ISSUED TO THE PETITIONERS BY THE 4TH RESPONDENT DATED 13.09.2022 Exhibit P9 A COPY OF THE NOTICE DATED 01.11.2022
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