Kerala High Court
M.Ananthakrishnan vs Union Of India Rep. By Secretary on 25 September, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
W.P.(C).No.33422/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
WP(C) NO. 33422 OF 2024
PETITIONERS:
1 M.ANANTHAKRISHNAN
AGED 56 YEARS
S/O P.K. MUKUNDAMONI RADHEYAM, THURAVOOR P.O,
CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688532
2 T.T.SREEDEVI
AGED 54 YEARS
W/O M.ANANTHAKRISHNAN RADHEYAM, THURAVOOR P.O,
CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688532
BY ADVS.
M.P.MADHAVANKUTTY
MATHEW DEVASSI
ANANTHAKRISHNAN A. KARTHA
RESPONDENTS:
1 UNION OF INDIA REP. BY SECRETARY
MINISTRY OF ROAD TRANSPORT & HIGHWAYS, GOVERNMENT
OF INDIA, CENTRAL DELHI P.O., NEW DELHI, PIN -
110001
2 DIRECTOR GENERAL
(ROAD DEVELOPMENT) & SPECIAL SECRETARY, ROOM
NO.213, MINISTRY OF ROAD TRANSPORT & HIGHWAYS,
TRANSPORT BHAVAN, 1, PARLIAMENT STREET, CENTRAL
DELHI P.O., NEW DELHI, PIN - 110001
3 PROJECT DIRECTOR
NATIONAL HIGHWAYS AUTHORITY OF INDIA (HEAD
OFFICE), DWARAKA SECTOR 10, SOUTH WEST DELHI P.O.,
NEW DELHI, PIN - 110075
W.P.(C).No.33422/2024
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4 CHAIRMAN
NHAI, G-5 & 6, SECTOR-10,DWARAKA, SOUTH WEST DELHI
P.O., NEW DELHI, PIN - 110075
5 THE PROJECT DIRECTOR NATIONAL HIGHWAYS AUTHORITY
OF INDIA
PROJECT IMPLEMENTATION UNIT KOCHI, VII/511 B,
NEITHELI -MAVELIPURAM ROAD, MAVELIPURAM, KAKKANAD,
KERALA, PIN - 682030
6 STATE OF KERALA
REP. BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM P.O.,, PIN -
695001
7 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY
LAND ACQUISITION, NHAI, COLLECTORATE, ALAPPUZHA
COLLECTORATE P.O.,, PIN - 688001
8 DISTRICT COLLECTOR
ALAPPUZHA, BESIDE ZILLA PACHAYATH OFFICE, CIVIL
STATION WARD P.O., ALAPPUZHA, PIN - 688001
9 ASSISTANT EXECUTIVE ENGINEER
PWD NH SUB-DIVISION, ALAPPUZHA P.O, PIN - 690514
0 SPECIAL DEPUTY COLLECTOR
AND COMPETENT AUTHORITY, LAND ACQUISION (NH),
ALAPPUZHA, PIN - 690514
Sri. B.S. Syamanthak, GP,
Sri.T.C.Krishna, DSGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.33422/2024
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JUDGMENT
The petitioners' property having an extent of 1.08 Ares
situated in Re-Sy.No.140/31 in Thuravoor South Village was acquired
for widening of NH-66. According to the petitioners, the property
acquired comprised of a building having a plinth area of 15000 sq.ft.
However, out of the same, the respondents have acquired only 1500
sq.ft. It is alleged that on account of the acquisition of a portion of the
building, the remaining portion has become useless. Hence, the
petitioners submitted Ext.P2 representation before the 10 th respondent
to compensate for the damages sustained by them. It is alleged that
the petitioners are entitled for compensation for injuriously affecting
the remaining portion of the building after the acquisition. The limited
prayer in this writ petition is to give a direction to the 10 th respondent
to consider and dispose of Ext.P2 representation within a time frame.
Having heard the learned counsel for the petitioners, the
learned DSGI and the learned Government Pleader, this writ petition is
disposed of with a direction to the 10 th respondent to consider and pass
orders on Ext.P2 in accordance with law, after hearing the petitioners,
within a period of six weeks from the date of receipt of a copy of this
judgment.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
2024:KER:71236
APPENDIX OF WP(C) 33422/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE CERTIFICATE ISSUED BY
THE STRUCTURAL ENGINEER DATED 01-07-
2024.
Exhibit P2 A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONERS BEFORE THE
TENTH RESPONDENT DATED 8/4/2024
Exhibit P3 A TRUE COPY OF THE COMMON JUDGMENT
PASSED BY THIS HON'BLE COURT IN W.P(C)
NO.5944/2021 AND CONNECTED CASES DATED
21-03-2024
