Union Of India vs Mariyam
2025 Latest Caselaw 1643 Ker

Kerala High Court

Union Of India vs Mariyam on 28 July, 2025

Author: A.K.Jayasankaran Nambiar

Bench: A.K.Jayasankaran Nambiar

WA NO. 1859 OF 2025               1               2025:KER:56115

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

        THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR

                                   &

                THE HONOURABLE MR. JUSTICE P.M.MANOJ

        MONDAY, THE 28TH DAY OF JULY 2025 / 6TH SRAVANA, 1947

                         WA NO. 1859 OF 2025
        AGAINST THE JUDGMENT DATED 21.03.2024 IN WP(C) NO.31730 OF
                    2022 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS 4 & 6:

    1      UNION OF INDIA
           MINISTRY OF ROAD TRANSPORT & HIGHWAYS, GOVERNMENT OF
           INDIA, CENTRAL DELHI P.O., NEW DELHI - 110 001.

    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 - 110 001.

    3      PROJECT DIRECTOR
           NATIONAL HIGHWAYS AUTHORITY OF INDIA (HEAD OFFICE),
           DWARAKA SECTOR 10, SOUTH WEST DELHI P.O., NEW DELHI -
           110 075.

    4      CHAIRMAN
           NHAI, G-5 & 6, SECTOR 10, DWARAKA, SOUTH WEST DELHI
           P.O., NEW DELHI - 110 075.

    5      THE PROJECT DIRECTOR
           NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT
           IMPLEMENTATION UNIT - KOCHI, VII/511, NEYTHELI -
           MAVELIPURAM ROAD, KAKKANAD P.O., ERNAKULAM - 682 030.

           BY ADV SHRI.T.C.KRISHNA, SENIOR PANEL COUNSEL
RESPONDENTS/PETITIONERS & RESPONDENTS 5, 7 & 8:

    1      MARIYAM
           AGED 59 YEARS
           W/O.HAMSA, MANDALAPPARAMBU HOUSE, PUNNAYOOKULAM P.O.,
           THRISSUR - 679 564.
 WA NO. 1859 OF 2025             2              2025:KER:56115


    2     ABOOBACKER M.
          AGED 40 YEARS
          S/O.ABDULLA, MUKKILAPEEDIKAYIL, AKALAD P.O., PUNNAYUR
          MANNALAKUNNU, THRISSUR - 680 518.

    3     MUHAMMED SUDHEER R.M.
          AGED 60 YEARS
          S/O.SAIDU MUHAMMED HAJI, VPS MANZIL, MANGOTTUPADY,
          ORUMANAYUR P.O., THRISSUR - 680 512.

    4     HASSAN HAJI
          S/O.KUNJUMOHAMMED HAJI, KUMARANTHARAYIL HOUSE,
          ANDANTHODE PUNNAYOORKULAM P.O., THRISSUR - 679 564.

    5     NOUSHAD P.K.
          AGED 47 YEARS
          S/O.BAPPUTTY, PAPPALIYIL HOUSE, PAPPALLY, ANDANTHODE,
          KADIKKADU, PUNNAYOORKULAM P.O., THRISSUR - 679 564.

    6     MUHAMMED ASHRAF
          AGED 70 YEARS
          S/O.ALIAHAMMEDUNNY, VALIYAKATH HOUSE, KURKAMADU,
          KADAPPURAM P.O., THRISSUR - 680 514.

    7     STATE OF KERALA
          REP. BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT,
          SECRETARIAT, THIRUVANANTHAPURAM P.O., PIN - 695 001.

    8     SPECIAL DEPUTY COLLECTOR (LA) NH & COMPETENT AUTHORITY
          OFFICE OF NH 17, (KUTTIPPURAM - EDAPPALLY),
          KODUNGALLOOR P.O., THRISSUR - 680 664.

    9     DISTRICT COLLECTOR
          THRISSUR, COLLECTORATE, CIVIL STATION, AYYANTHOLE P.O.,
          THRISSUR - 680 003.

          BY GOVERNMENT PLEADER SRI.T K SHAJAHAN, SR.
          SRI.P.SATHISAN
          SMT.DONA AUGUSTINE


     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28.07.2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA NO. 1859 OF 2025                   3                  2025:KER:56115




                                  JUDGMENT

Dr. A.K.Jayasankaran Nambiar, J.

It is submitted by the learned counsel for the appellants that the

issue involved in this appeal already stands covered by the judgment dated

18.02.2025 of this Court in WA No.718 of 2024 and connected cases. Taking

note of the said submission, this Writ appeal is also disposed following the

judgment referred to above.

Sd/-

DR. A.K.JAYASANKARAN NAMBIAR JUDGE

Sd/-

P.M.MANOJ JUDGE

mns WA NO. 1859 OF 2025 4 2025:KER:56115

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF LAND TAX RECEIPT NO.KL08042704224/2022 DATED 13.06.2022 OF LSL PETITIONER.

Exhibit P1(a) TRUE COPY OF PROPERTY TAX RECEIPT NO.

121040102350 DATED 18.10.2021 OF 2ND PETITIONER ALONG WITH TRUE TYPED COPY OF EXT. P1(A) Exhibit P1(b) TRUE COPY OF LAND TAX RECEIPT NO.KL08040602375/2021 DATED 28/07/2021 OF 3RD PETITIONER.

Exhibit P1(c) TRUE COPY OF LAND TAX RECEIPT NO.KL08040602375/2021 DATED 28/07/2021 OF 3RD PETITIONER.

Exhibit P1(d) TRUE COPY OF LAND TAX RECEIPT NO.KL08040602375/2021 DATED 28/07/2021 OF 3RD PETITIONER.

Exhibit P1(e) TRUE COPY OF LAND TAX RECEIPT NO.KL08041503873/2021 DATED 28/07/2021 OF 6TH PETITIONER.

Exhibit P2 TRUE COPY OF SECTION 3G AWARD NO.1/2021- E1/KAD/001934/2021 DATED 27/01/2022 ISSUED TO 1ST PETITIONER.

Exhibit P2(a) TRUE COPY OF THE SECTION 3G AWARD NO.2/2021- D4/PUN/05018/2021 DATED 16/12/2021 ISSUED TO 2ND PETITIONER.

Exhibit P2(b) TRUE COPY OF SECTION 3G AWARD NO.2/2021- D4/PUN/005019/2021 DATED 16/12/2021 ISSUED TO 2ND PETITIONER.

Exhibit P2(c) TRUE COPY OF SECTION 3G AWARD NOS.1/2021- LA2/ORU/0031151/2021 DATED 30/06/2021 ISSUED TO 3RD PETITIONER Exhibit P2(d) TRUE COPY OF SECTION 3G AWARD NO.2/2021-LA2/ORU/008285/2021 DATED 30/06/2021 ISSUED TO 3RD PETITIONER. Exhibit P2(e) TRUE COPY OF SECTION 3G AWARD NO.2/2021- LA2/ORU/010957/2021 DATED 30/06/2021 ISSUED TO 3RD PETITIONER.

Exhibit P2(f) TRUE COPY OF SECTION 3G AWARD NO.2/2021- E1/KAD/004463/2021 DATED 30/12/2021 DATED 30/12/2021 ISSUED TO 4TH PETITIONER. Exhibit P2(g) TRUE COPY OF SECTION 3G AWARD NO.2/2021- E1/KAD/003333/2021 DATED 30/12/2021 ISSUED TO WA NO. 1859 OF 2025 5 2025:KER:56115

4TH PETITIONER Exhibit P2(h) TRUE COPY OF SECTION 3G AWARD NO.1/2021- E1/KAD/002036/2021 DATED 28/12/2021 ISSUED TO 5TH PETITIONER.

Exhibit P2(i) TRUE COPY OF SECTION 3G AWARD NO.1/2021- C2/MAN/008417/2021 DATED 15/02/2022 ISSUED TO 6TH PETITIONER.

Exhibit P2(j) TRUE COPY OF SECTION 3G AWARD NO.1/2021- C2/MAN/008419/2021 DATED 15/02/2022 ISSUED TO 6TH PETITIONER.

Exhibit P3 TRUE COPY OF JUDGMENT IN WP(C) 27967 OF 2021 DATED 16/12/2021.

Exhibit P4 TRUE COPY OF GOVERNMENT ORDER DATED 28/08/2015.

Exhibit P5 TRUE COPY OF THE STRUCTURAL PLAN OF 1ST PETITIONER'S BUILDING.

Exhibit P5(a) TRUE COPY OF STRUCTURAL PLAN OF 2ND PETITIONER'S BUILDING.

Exhibit P5(b) TRUE COPY OF THE STRUCTURAL PLAN OF 3RD PETITIONER'S BUILDING.

Exhibit P5(c) TRUE COPY OF THE STRUCTURAL PLAN OF 4TH PETITIONER'S BUILDING Exhibit P5(d) TRUE COPY OF THE STRUCTURAL PLAN OF 5TH PETITIONER'S BUILDING.

Exhibit P5(e) TRUE COPY OF THE STRUCTURAL PLAN OF 6TH PETITIONER'S BUILDING.

Exhibit P6 TRUE COPY OF THE STRUCTURAL STABILITY CERTIFICATE OF THE 1ST PETITIONER'S BUILDING DATED 20/09/2022.

Exhibit P6(a) TRUE COPY OF THE STRUCTURAL STABILITY CERTIFICATE ISSUED TO 2ND PETITIONER'S BUILDING DATED 20/09/2022.

Exhibit P6(b) TRUE COPY OF THE STRUCTURAL STABILITY CERTIFICATE ISSUED TO 3RD PETITIONER'S BUILDING Exhibit P6(c) TRUE COPY OF THE STRUCTURAL STABILITY CERTIFICATE DATED 20/09/2022 ISSUED TO 4TH PETITIONER'S BUILDING Exhibit P6(d) TRUE COPY OF THE STRUCTURAL STABILITY CERTIFICATE ISSUED TO 5TH PETITIONER'S BUILDING.

Exhibit P6(e) TRUE COPY OF THE STRUCTURAL STABILITY CERTIFICATE DATED 20/09/2022 ISSUED TO 6TH PETITIONER'S BUILDING Exhibit P7 TRUE COPY OF THE REQUEST DATED 29/08/2022 SUBMITTED BY 1ST PETITIONER ALONG WITH ITS WA NO. 1859 OF 2025 6 2025:KER:56115

ACKNOWLEDGMENT.

Exhibit P7(a) TRUE COPY OF THE REQUEST DATED 22/09/2022 SUBMITTED BY 2ND PETITIONER ALONG WITH ITS ACKNOWLEDGMENT.

Exhibit P7(b) TRUE COPY OF THE REQUEST DATED 29/08/2022 SUBMITTED BY 3RD PETITIONER ALONG WITH ITS ACKNOWLEDGMENT Exhibit P7(c) TRUE COPY OF THE REQUEST DATED 29/08/2022 SUBMITTED BY 4TH ALONG WITH ITS ACKNOWLEDGMENT.

Exhibit P7(d) TRUE COPY OF THE REQUEST SUBMITTED BY 5TH PETITIONER ALONG WITH ITS ACKNOWLEDGMENT DATED 15/09/2022.

Exhibit P7(e) TRUE COPY OF THE REQUEST SUBMITTED BY 6TH PETITIONER ALONG WITH ITS ACKNOWLEDGMENT DATED 15/09/2022.

Exhibit P8 TRUE COPY OF THE INTERIM ORDER IN WP(C) NO.30766/2022 DATED 27/09/2022. Exhibit P8(a) TRUE COPY OF THE JUDGMENT IN WP(C) NO.7544 OF 2022 DATED 23/03/2022.