Asafali vs The District Collector
2024 Latest Caselaw 32867 Ker

Kerala High Court

Asafali vs The District Collector on 13 November, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

                                               2024:KER:84722



          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA, 1946



                  WP(C) NO. 40007 OF 2024

PETITIONER:

         ASAFALI
         AGED 64 YEARS
         S/O.SAMBRIEKKAL ABDUTTY,
         KUNDALIYOOR .P.O., ENGANDIYOOOR,
         CHAVAKKAD, THRISSUR., PIN - 680616


         BY ADVS.
         P.SHANES METHAR
         A.MOHAMMED FAIZAL
         N.KRISHNA PRASAD
         ARJUN P.V.
         HARKISH SREETHU V.S.




RESPONDENTS:

    1    THE DISTRICT COLLECTOR
         DISTRICT COLLECTOR OFFICE, CIVIL STATION,
         AYYANTHOLE, THRISSUR, PIN - 680003

    2    NATIONAL HIGHWAYS AUTHORITY OF INDIA (NHAI)
         REPRESENTED BY PROJECT DIRECTOR,
         PROJECT IMPLEMENTATION UNIT (PIU),
         KAKKANAD, KOCHI, PIN - 682030

    3    THE SPECIAL DEPUTY COLLECTOR &
         COMPETENT AUTHORITY
         OFFICE OF THE SPECIAL DEPUTY COLLECTOR,
                                                          2024:KER:84722
WP(C) NO.40007 OF 2024
                                  2

           LANH, KUTTIPURAM - EDAPALLY,
           KODUNGALLUR P. O., THRISSUR DISTRICT,
           PIN - 680664

     4     THE SPECIAL TAHSILDAR
           OFFICE OF THE SPECIAL TAHSILDAR, LANH,
           THRISSUR, PIN - 680022


           BY ADV.
           SMT. VIDYA KURIAKOSE - GOVERNMENT PLEADER
           LEJO GEORGE



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   13.11.2024,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                               2024:KER:84722
WP(C) NO.40007 OF 2024
                                      3

                           JUDGMENT

The property of the petitioner was acquired and an

award was passed. Dissatisfied with the award, the

petitioner preferred Ext.P7 arbitration petition under Section

3(G)(5) of the National Highways Act before the 1 st

respondent. The limited prayer in this Writ Petition is to give

a direction to the 1st respondent to dispose of Ext.P7

arbitration petition within a time frame.

2. Having heard Sri. P. Shanes Methar, the learned

counsel appearing for the petitioner and Smt. Vidya

Kuriakose, the learned Government Pleader, this Writ Petition

is disposed of with a direction to the 1 st respondent to

dispose of Ext.P7 arbitration petition, in accordance with law,

after hearing the petitioner within a period of six months

from the date of receipt of a copy of this judgment, if it is not

disposed of so far.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE BR 2024:KER:84722 WP(C) NO.40007 OF 2024

APPENDIX OF WP(C) 40007/2024

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE VALUATION REPORT DATED 15.01.2021 ALONG WITH THE SKETCH OF THE ACQUIRED LAND

Exhibit P2 A TRUE COPY OF THE REVALUATION REPORT DATED 21.02.2022 ALONG WITH THE SKETCH OF ACQUIRED LAND

Exhibit P3 A TRUE COPY OF THE AWARD DATED 02.03.2022 IN LAC NO. D1/ENG/007561-2021 TO THE PETITIONER

Exhibit P4 A TRUE COPY OF THE AWARD DATED 24.01.2022 IN LAC NO. D1/ENG/007527- 2021 TO THE PETITIONER

Exhibit P5 A TRUE COPY OF THE LEGAL NOTICE TO THE 3RD RESPONDENT DATED 22.03.2022

Exhibit P6 A TRUE COPY OF THE COMMUNICATION FROM THE 3RD RESPONDENT TO THE PETITIONER DATED 14.03.2022

Exhibit P7 A TRUE COPY OF THE APPEAL DATED 05.04.2022 FILED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, THRISSUR DISTRICT

Exhibit P8 A TRUE COPY OF THE RECEIPT OF ACCEPTANCE DATED 16.11.2022 FROM THE OFFICE OF THE DISTRICT COLLECTOR, THRISSUR DISTRICT

Exhibit P9 A TRUE COPY OF THE OS.NO.1189/2022 BEFORE THE HON'BLE MUNSIFF COURT, CHAVAKKAD, THRISSUR DISTRICT DATED 17.12.2022 2024:KER:84722 WP(C) NO.40007 OF 2024

Exhibit P10 A TRUE COPY OF THE ORDER DISMISSING IA NO. 4/2022 IN OS.NO.1189/2022 BEFORE THE HON'BLE MUNSIFF COURT, CHAVAKKAD, THRISSUR DISTRICT DATED 08.09.2023

RESPONDENTS' EXHIBITS: NIL