Kerala High Court
Sadik K.M vs The Project Director on 5 September, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
W.P.(C).No.32201/2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946
WP(C) NO. 32201 OF 2023
PETITIONERS:
1 SADIK K.M.
AGED 44 YEARS
S/O. ABDUL KAREEM K.M., KAREEM MANZIL, PALLIKKAL,
KANDATHIL PALLI ROAD, P.O. THALANGARA, KASARAGOD
DISTRICT., PIN - 671122
2 SULEKHA
AGED 68 YEARS
D/O. ABDUL KAREEM K.M., KAREEM MANZIL, PALLIKKAL,
KANDATHIL PALLI ROAD, P.O. THALANGARA, KASARAGOD
DISTRICT-671 122.
3 SAIDABI
AGED 51 YEARS
D/O. ABDUL KAREEM K.M., KAREEM MANZIL, PALLIKKAL,
KANDATHIL PALLI ROAD, P.O. THALANGARA, KASARAGOD
DISTRICT., PIN - 671122
4 SAJIDA
AGED 45 YEARS
D/O. ABDUL KAREEM K.M., KAREEM MANZIL, PALLIKKAL,
KANDATHIL PALLI ROAD, P.O. THALANGARA, KASARAGOD
DISTRICT., PIN - 671122
5 ABDUL SHABOOR KEKEPURAM KAREEM
AGED 37 YEARS
S/O. ABDUL KAREEM K.M., KAREEM MANZIL, PALLIKKAL,
KANDATHIL PALLI ROAD, P.O. THALANGARA, KASARAGOD
DISTRICT., PIN - 671122
6 SADATH K.K., AGED 40 YEARS
S/O. ABDUL KAREEM K.M., KAREEM MANZIL, PALLIKKAL,
KANDATHIL PALLI ROAD, P.O. THALANGARA, KASARAGOD
DISTRICT. PIN - 671122
(PETITIONERS 2 TO 6 ARE REPRESENTED BY 1ST
PETITIONER - SADIK K.M. AS THE POWER OF ATTORNEY
HOLDER)
W.P.(C).No.32201/2023
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7 MOHAMMED ILLIYAS T.K.,
AGED 34 YEARS
S/O. T.K. ABOOBACKER, RESIDING AT ALTHAF MANZIL,
T.A. IBRAHIM STREET, POST THALANGARA, KASARAGOD
DISTRICT., PIN - 671122
8 ALTHAF HAUSSAIN
AGED 67 YEARS
S/O. T.K. ABOOBACKER, RESIDING AT ALTHAF MANZIL,
T. A. IBRAHIM STREET, POST THALANGARA, KASARAGOD
DISTRICT., PIN - 671122
9 MOHAMMED SALEEM T.K.,
AGED 43 YEARS
S/O. T.K. ABOOBACKER, RESIDING AT ALTHAF MANZIL,
T. A. IBRAHIM STREET, POST THALANGARA, KASARAGOD
DISTRICT., PIN - 671122
0 SHAWAD T.A.,
AGED 32 YEARS
S/O. T.K. ABOOBACKER, RESIDING AT ALTHAF MANZIL,
T. A. IBRAHIM STREET, POST THALANGARA, KASARAGOD
DISTRICT., PIN - 671122
11 FOUSIYA SHAFI,
AGED 45 YEARS
D/O. T.K. ABOOBACKER, RESIDING AT ALTHAF MANZIL,
T. A. IBRAHIM STREET, POST THALANGARA, KASARAGOD
DISTRICT., PIN - 671122
12 NOORJAHAN T.K.,
AGED 43 YEARS
D/O. T.K. ABOOBACKER, RESIDING AT ALTHAF MANZIL,
T. A. IBRAHIM STREET, POST THALANGARA, KASARAGOD
DISTRICT., PIN - 671122
13 SUNAIRA
AGED 39 YEARS
D/O. T.K. ABOOBACKER, RESIDING AT ALTHAF MANZIL,
T. A. IBRAHIM STREET, POST THALANGARA, KASARAGOD
DISTRICT., PIN - 671122
14 FATHIMAH SAHADIYA T.K.
AGED 41 YEARS
D/O. T.K. ABOOBACKER, RESIDING AT ALTHAF MANZIL,
T. A. IBRAHIM STREET, POST THALANGARA, KASARAGOD
DISTRICT.
W.P.(C).No.32201/2023
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(PETITIONERS 8 TO 14 ARE REPRESENTED BY THE 7TH
PETITIONER - MOHAMMED ILLIYAS AS THE POWER OF
ATTORNEY HOLDER), PIN - 671122
BY ADVS. PUSHPARAJAN KODOTH
K.JAYESH MOHANKUMAR
VANDANA MENON
VIMAL VIJAY
RESPONDENTS:
1 THE PROJECT DIRECTOR
NATIONAL HIGHWAYS AUTHORITY OF INDIA, H NO.
XXIII/752, NEAR CSI CHURCH, MISSION COMPOUND,
MELACOVVA, KANNUR DISTRICT, KERALA., PIN - 670006
2 THE DISTRICT COLLECTOR, KASARAGOD & ARBITRATOR
NATIONAL HIGHWAY AUTHORITY OF INDIA, KASARAGOD.,
PIN - 671121
3 SPECIAL DEPUTY COLLECTOR
LAND ACQUISITION (NH), KASARAGOD & COMPETENT
AUTHORITY., PIN - 671121
4 THE SPECIAL TAHSILDAR, LAND ACQUISITION (NH),
UNIT - 1, KASARAGOD., PIN - 671121
BY ADVS.
MATHEWS K.PHILIP
SMT. Deepa V., GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 05.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.32201/2023
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JUDGMENT
The main relief sought for in this writ petition is to give
a direction to the 2nd respondent to pass orders on Exts.P6 and
P7 applications filed by the petitioners.
2. The properties belonged to the petitioners were
acquired for widening the National Highway and Exts. P2 and P3
awards were passed. According to the petitioners, since the
respondents did not acquire the entire building, they are unable
to use the same. Therefore, they preferred Exts.P6 and P7
applications under Section 3G (5) of the National Highways Act,
1956 against Exts.P2 and P3 awards. It is further submitted by
the learned counsel for the petitioners that the respondents have
started construction of the drainage in front of their properties
and if the construction is completed, the entry to the properties
will be blocked.
Having heard the learned counsel for the petitioners,
the learned Government Pleader and the learned Standing
Counsel for the 1st respondent, this writ petition is disposed of
with a direction to the 2nd respondent to dispose of Exts.P6 and
P7 applications in accordance with law, after hearing the
petitioners, within a period of eight months from the date of
receipt of a copy of this judgment. The learned Standing
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Counsel for the 1 st
respondent submitted that by the
construction of the drainage, the entry to the properties of the
petitioners will not be blocked. The said submission is recorded.
The petitioners are free to take up all the contentions raised in
this writ petition before the 2nd respondent.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
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APPENDIX OF WP(C) 32201/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER PASSED BY THE 3RD
RESPONDENT IN LAC NO.213 AND 260/KASARAGOD
DATED 25.05.2021.
Exhibit P2 TRUE OF THE AWARD PASSED BY THE 3RD
RESPONDENT IN LAC 260/KASARAGOD DATED
18.06.2021.
Exhibit P3 TRUE COPY OF THE AWARD IN LAC 213/KASARAGOD
VILLAGE PASSED BY THE 3RD RESPONDENT DATED
07.07.2021.
Exhibit P4 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.
10430/2021 ON THE FILE OF THIS
HON’BLE COURT DATED 08.07.2021.
Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONERS TO RESPONDENTS 1 AND 3
DATED 02.11.2021.
Exhibit P6 TRUE COPY OF THE PETITION FILED BY THE
PETITIONERS UNDER SECTION 3G(5) OF THE
NATIONAL HIGHWAYS ACT, 1956 BEFORE THE 2ND
RESPONDENT DATED 07.07.2022 AGAINST EX.P2
AWARD.
Exhibit P7 TRUE COPY OF THE PETITION FILED BY THE
PETITIONERS UNDER SECTION 3G(5) OF THE
NATIONAL HIGHWAYS ACT, 1956 BEFORE THE 2ND
RESPONDENT DATED 07.07.2022 AGAINST EX.P3
AWARD.
Exhibit P8 TRUE COPY OF THE RECEIPT ISSUED FROM THE
OFFICE OF THE 2ND RESPONDENT DATED
03.09.2022.
Exhibit P9 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND
RESPONDENT DATED 05.11.2022.
Exhibit P10 TRUE COPY OF THE ORDER ISSUED BY THE 3RD
RESPONDENT TO THE 1ST PETITIONER DATED
03.12.2022.
Exhibit P11 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONERS DATED
06.02.2023.
Exhibit P12 TRUE COPY OF THE AWARD IN LAC 260/KASARAGOD
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VILLAGE PASSED BY THE 3RD RESPONDENT DATED
14.02.2023.
Exhibit P13 TRUE COPY OF THE REPLY GIVEN BY THE 1ST
RESPONDENT TO THE 1ST PETITIONER DATED
17.04.2023.
Exhibit P14 PHOTOGRAPH SHOWING THE APPLICANTS BUILDING
AND THE SERVICE ROAD AND THE NATIONAL
HIGHWAY.
Exhibit P15 PHOTOGRAPH SHOWING THE APPLICANTSBUILDING
AND THE SERVICE ROAD AND THE NATIONAL
HIGHWAY
Exhibit P16 PHOTOGRAPH SHOWING THE APPLICANTS BUILDING
AND THE SERVICE ROAD AND THE NATIONAL
HIGHWAY
Exhibit P17 PHOTOGRAPH SHOWING THE APPLICANTS BUILDING
AND THE SERVICE ROAD AND THE NATIONAL
HIGHWAY
Exhibit P18 PHOTOGRAPH SHOWING THE APPLICANTS BUILDING
AND THE SERVICE ROAD AND THE NATIONAL
HIGHWAY
Exhibit P19 PHOTOGRAPH SHOWING THE ERECTION OF POLES
FOR THE CONSTRUCTION OF DRAINAGE TO THE
SERVICE ROAD.
Exhibit P20 PHOTOGRAPH SHOWING THE ERECTION OF POLES
FOR THE CONSTRUCTION OF DRAINAGE TO THE
SERVICE ROAD.
Exhibit P21 PHOTOGRAPH SHOWING THE JCB PLACED IN
BETWEEN THE BUILDING OF THE APPLICANTS AND
THE SERVICE ROAD FOR THE CONSTRUCTION OF
DRAINAGE.
Exhibit P22 PHOTOGRAPH SHOWING THE JCB PLACED IN
BETWEEN THE BUILDING OF THE APPLICANTS AND
THE SERVICE ROAD FOR THE CONSTRUCTION OF
DRAINAGE.
