Asiamma vs The Secretary
2023 Latest Caselaw 11707 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
                       WP(C) NO. 34384 OF 2023
PETITIONERS:

    1     ASIAMMA, AGED 52 YEARS, W/O LATE P.M IBRAHIM,
          PANJATHOTTY HOUSE, MANGALPADY VILLAGE,
          MANGALPADY.P.O., MANJESWAR TALUK,
          KASARAGOD DISTRICT, PIN - 671324.

    2     S.K USMAN DAVOOD, AGED 66 YEARS,
          S/O SHEIK DAWOOD, HAJI SHEIK AHAMMED ROAD,
          KURICHIPALLA, MANGALPADY MANJESWAR TALUK,
          KASARGODE DISTRICT, PIN - 671324.

          BY ADVS.ABDUL RAOOF PALLIPATH
          K.R.AVINASH (KUNNATH)
          E.MOHAMMED SHAFI
          PRAJIT RATNAKARAN
RESPONDENTS:

    1     THE SECRETARY, MANAGALPADY GRAMA PANCHAYAT,
          MANGALPADY NAYA BAZAR, KASARAGOD,
          UPPALA, PIN - 671324.

    2     ASSISTANT EXECUTIVE ENGINEER,
          KSEB, UPPALA, KASARGODE, PIN - 671322.

    3     THE SPECIAL TAHSILDAR (LAND ACQUISITION)
          NATIONAL HIGHWAY UNIT-V UPPALA, CIVIL STATION P.O
          KASARGOD, PIN - 671121.

    4     THE PROJECT DIRECTOR,
          NATIONAL HIGHWAY AUTHORITY OF INDIA,
          P.O. CIVIL STATION, KOZHIKODE, PIN - 673020.

          BY ADVS.SHIRAZ ABDULLA M.S
          E.C.KURIAKOSE
          LEJO JOSEPH GEORGE(K/357-C/2017)
          K.ABDUL NASSAR(K/366/2011)
          VISHNU DEV C.S.(K/000647/2023)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 34384 OF 2023
                                  -2-

                           JUDGMENT

This writ petition, seeking electric

connection to the building in question, cannot

be answered by this Court because the disputed

issues, whether the building itself is liable to

be retained and it is safe to the National

Highway, are pending consideration in W.P.

(C)No.23515/2021.

2. Obviously, petitioners will have to move

the Bench before which the aforesaid writ

petition is pending, for appropriate orders.

With the afore liberty being reserved to the

petitioners, this writ petition is closed.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 34384 OF 2023

APPENDIX OF WP(C) 34384/2023

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE NOTICE REF: A2. LAC NUMBER 156/UPPALA VILLAGE DATED 11.11.2020 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P2 TRUE COPY OF THE AWARD NUMBER LAC NUMBER 156/UPPALA VILLAGE DATED 11.11.2020 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P3 TRUE SKETCH SHOWING THE PORTION OF THE BUILDING ACQUIRED AND THE REMAINING AREA

EXHIBIT P4 A TRUE COPY OF THE INTERIM ORDER DATED 29.10.2021 IN WP ( C) 23515/2021

EXHIBIT P5 A TRUE PHOTOGRAPHS SHOWING THE PRESENT NATURE AND LIE OF THE BUILDING

EXHIBIT P6 A TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT DATED 1.08.2022

EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION DATED 12.07.2023 SUBMITTED BY THE 1ST PETITIONER TO THE 3RD RESPONDENT

EXHIBIT P8 A TRUE COPY OF THE REPRESENTATION DATED 1.08.2023 SUBMITTED BY THE 2ND PETITIONER TO THE 3RD RESPONDENT

EXHIBIT P9 A TRUE COPY OF THE LETTER DATED 25.07.2023 ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER

EXHIBIT P10 A TRUE COPY OF THE LETTER DATED 8.8.2023 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER