Kerala High Court
*Expired, Krishnan N.T vs The District Collector on 23 May, 2024
WP(C) No.18627/2022 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Thursday, the 23rd day of May 2024 / 2nd Jyaishta, 1946
UNNUMB.IA.NO.1/2024 IN WP(C) NO. 18627 OF 2022
APPLICANTS/PETITIONER & ADDITIONAL 2ND PETITIONER:
1. KRISHNAN N.T (DIED), AGED 78 YEARS, S/O.AYYAPPAN, NELLIKKOTT
THARAMMAL POTTA HOUSE, RAMANATTUKARA P.O., KOZHIKODE DISTRICT - 673
633.
2. PRADEEP N.T, AGED 51 YEARS, S/O.KRISHNAN N.T, RESIDING AT NELLIKKOTT
THARAMMAL POTTA HOUSE, RAMANATTUKARA P.O.,KOZHIKKODE, DISTRICT 673
633. * LEGAL HEIR OF DECEASED PETITIONER IS IMPLEADED AS SECOND
PETITIONER AS PER ORDER DATED 08-08-2023 IN IA 4/2023.
RESPONDENTS/RESPONDENTS:
1. THE DISTRICT COLLECTOR, DISTRICT COLLECTOR OFFICE, KOZHIKODE
COLLECTORATE,CIVIL STATION P.O., KOZHIKODE - 673 020.
2. THE TAHSILDAR, TALUK OFFICE, KOZHIKODE TALUK, KOZHIKODE DISTRICT -
673 020.
3. THE VILLAGE OFFICER, RAMANATTUKARA VILLAGE, RAMANATTUKARA - FAROOK
COLLEGE ROAD, KOZHIKODE TALUK, KOZHIKODE DISTRICT - 673 633.
4. THE TALUK SURVEYOR, TALUK OFFICE, KOZHIKODE, KOZHIKODE DISTRICT- 673
020.
5. THE PROJECT DIRECTOR, THE NATONAL HIGHWAY AUTHORITY OF INDIA,
PROJECT IMPLEMENTATION UNIT (PIU) KOZHIKODE, PROVIDENCE WOMENS
COLLEGE ROAD, KOZHIKODE - 673 009.
6. THE NATIONAL HIGHWAY AUTHORITY OF INDIA, REPRESENTED BY ITS
CHAIRMAN, G-586, SECTOR-10, DWARAKA, NEW DELHI - 110 075.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to extend the interim
order dated 08/06/2022,further extended on 19/04/2024 vide judgment dated
19/04/2024 till the disposal of Ext.P25 on the files of the Writ
Petition.
This Application coming on for orders on 23.05.2024 upon perusing
the application and the affidavit filed in support thereof, and upon
hearing the arguments of ABDUL JAWAD K., A.GRANCY JOSE, Advocates for the
petitioners and of GOVERNMENT PLEADER for R1 to R4, K.A.SALIL NARAYANAN
Advocate for R5 & R6, and this court's Judgment dated 19/04/2024, the
court passed the following:
(P.T.O)
WP(C) No.18627/2022 2/3
VIJU ABRAHAM , J.
===========================
Unnumb. I.A. Nos. 1 & 2 of 2024
in
WP(C) No. 18627 of 2022
============================
Dated this the 23rd day of May, 2024
ORDER
The above writ petition was disposed of as per judgment dated
09.04.2024 granting liberty to the petitioner to approach the appellate
authority to challenge the resurvey conducted. To facilitate a challenge
before the appellate authority, this Court ordered that the interim order
granted by this Court on 08.06.2022 will remain in force for a further
period of one month from 19.04.2024.
It is seen that the petitioner has preferred a statutory appeal. Since
this Court has granted extension of the interim order granted on
08.06.2022 for a further period of one month only to facilitate the
petitioner to approach the statutory authority, I am of the view that the
petitioner cannot seek for extension of the said interim order stating that
the appellate proceedings have not been finalised. If the petitioner is
aggrieved by the delay in the finalisation of the appeal it is for the
petitioner to agitate the grievance in appropriate proceedings. Therefore
the defect noted by the registry is upheld.
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
23-05-2024 /True Copy/ Assistant Registrar
APPENDIX OF WP(C) 18627/2022
Exhibit - P25 A TRUE COPY OF THE APPEAL DATED 27/04/2024 FILED BY THE
PETITIONER BEFORE THE DISTRICT SURVEY SUPERINTENDENT,
KOZHIKODE
23-05-2024 /True Copy/ Assistant Registrar
