Dinamoni T.R vs National Highway Authority Of India
2024 Latest Caselaw 31567 Ker

Kerala High Court

Dinamoni T.R vs National Highway Authority Of India on 5 November, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

W.P.(C) No. 38957/2024

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               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

           THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

   TUESDAY, THE 5TH DAY OF NOVEMBER 2024 / 14TH KARTHIKA, 1946

                         WP(C) NO. 38957 OF 2024

PETITIONER:


           DINAMONI T.R,
           AGED 74 YEARS, W/O LATE KUMARAN,
           MANIMANDIRAM, MURAVANTHURTHU,
           VADAKKEKARA P.O, PARAVUR., PIN - 683522

           BY ADVS.
           BIBIN KUMAR
           T.S.SAUMYA
RESPONDENTS:

     1     NATIONAL HIGHWAY AUTHORITY OF INDIA,
           REPRESENTED BY ITS PROJECT DIRECTOR,PROJECT
           IMPLEMENTATION UNIT, EDAPALLY,KOCHI., PIN - 682021
     2     COMPETENT AUTHORITY & SPECIAL DEPUTY COLLECTOR (LA)
           NH-66,
           CIVIL STATION KAKKANAD,
           ERNAKULAM DISTRICT., PIN - 682030
     3     SPECIAL TAHSIDAR LA (NH) PARAVUR UNIT,
           CIVIL STATION KAKKANAD,
           ERNAKULAM DISTRICT., PIN - 682030
     4     DISTRICT COLLECTOR,
           ERNAKULAM CIVIL STATION KAKKANAD,
           ERNAKULAM DISTRICT., PIN - 682030
           VIDYA KURIAKOSE, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 38957/2024

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                         JUDGMENT

The property of the petitioner, having an extent of 1.82

Ares, was acquired for the development of NH-66 as per Exts.P1

and P2. The possession was taken. According to the petitioner,

the road level is increased to a height of 10 feet from the existing

highway and consequently she was denied access to her

property. Hence, the petitioner preferred Ext.P5 representation

before the respondent No.1 to take necessary action to provide

access to her property. The grievance of the petitioner is that the

respondent No.1 is not considering Ext.P5 representation. It is in

these circumstances, the petitioner has approached this Court.

Having heard Sri.Bibin Kumar K., the learned counsel

appearing for the petitioner, Sri.B.G.Bidan Chandran, the learned

Standing Counsel for respondent No.1 and Smt.Vidya Kuriakose,

the learned Government Pleader, this writ petition is disposed of

with a direction to the respondent No.1 to consider and dispose

of Ext.P5 representation, in accordance with law, after hearing

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the petitioner, within a period of one month from the date of

receipt of a copy of this judgment.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE APA

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APPENDIX OF WP(C) 38957/2024

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE PHOTO COPY OF THE MAHAZAR PREPARED BY THE 3RD RESPONDENT

EXHIBIT P2 A TRUE PHOTO COPY OF THE PROCEEDINGS DATED 16/11/2021 INITIATED BY THE 2ND RESPONDENT

EXHIBIT P3 A TRUE PHOTO COPY OF THE PUBLICATION IN MALAYALA MANORAMMA DAILY NEWS PAPER DATED 30/4/2024

EXHIBIT P4 A TRUE PHOTOCOPY OF THE PHOTOGRAPH OF THE PETITIONER'S PROPERTY AND RESIDENTIAL HOUSE AND PROPOSED NATIONAL HIGHWAY AND IRON FENCING

EXHIBIT P5 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 23/4/2024 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT