S.Thrivikraman Pillai vs State Of Kerala
2025 Latest Caselaw 6765 Ker

Citation : 2025 Latest Caselaw 6765 Ker
Judgement Date : 16 June, 2025

Kerala High Court

S.Thrivikraman Pillai vs State Of Kerala on 16 June, 2025

                                                      2025:KER:42522
               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

               THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

        MONDAY, THE 16TH DAY OF JUNE 2025 / 26TH JYAISHTA, 1947

                        WP(C) NO. 20740 OF 2025

PETITIONERS:

    1       S.THRIVIKRAMAN PILLAI
            AGED 69 YEARS
            S/O. THANKAMMA, 'CHANDRAKANTHAM', CLAPPANA P.O,
            KARUNAGAPPALLY, KOLLAM DISTRICT-, PIN - 690525

    2       SATHEESAN
            AGED 58 YEARS
            S/O DAMODHARAN, 'ARUNODAYAM', MANKUZHY MURI,
            PULIKUNNATHU P.O, MAVELIKKARA TALUK,
            ALAPPUZHA DISTRICT, PIN - 690537


            BY ADVS.
            SRI.K.SIJU
            SHRI.S.ABHILASH
            SMT.ANJANA KANNATH
            SMT.SAFNA P.S.
            SHRI.GAUTHAM SIJU



RESPONDENTS:
     1     STATE OF KERALA
           REPRESENTED BY ADDITIONAL CHIEF SECRETARY, SECRETARY TO
           THE DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM -, PIN - 695001

    2       NATIONAL HIGHWAY AUTHORITY OF INDIA
            G-586, SECTOR-10, DWARAKA, NEW DELHI - REPRESENTED BY
            ITS CHAIRMAN, PIN - 110075

    3       THE PROJECT DIRECTOR
            NATIONAL HIGHWAY AUTHORITY OF INDIA, TC-29/1539/1,
            RAJASREE KAIRALI, PERUMTHANNI, VALLAKKADAVU P.O,
            THIRUVANANTHAPURAM -, PIN - 695008
 W.P.(C)No. 20740 of 2025

                               ..2..
                                                       2025:KER:42522



     4          THE DISTRICT COLLECTOR & ARBITRATOR (NATIONAL
                HIGHWAY ACT)
                COLLECTORATE, CIVIL STATION, KOLLAM, PIN -
                691013

     5          SPECIAL DEPUTY COLLECTOR & COMPETENT AUTHORITY
                LAND ACQUISITION, NATIONAL HIGHWAY AUTHORITY OF
                INDIA, CIVIL STATION, KOLLAM -, PIN - 691013

     6          SPECIAL TAHSILDAR
                LAND ACQUISITION (NHAI), UNIT NO.4
                KARUNAGAPPALLY, KOLLAM -, PIN - 690518



OTHER PRESENT:

                SRI.AJITH VISWANATHAN - GOVERNMENT PLEADER
                SRI.B.G.BIDAN - STANDING COUNSEL FOR NATIONAL
                HIGHWAY AUTHORITY


         THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION        ON   16.06.2025,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No. 20740 of 2025

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                                                                            2025:KER:42522



                                   J U D G M E N T

Dated this the 16th day of June, 2025

Petitioners, two in number, seek consideration of Exts.P7

and P7(a) representations seeking rehabilitation under the

Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act, 2013,

('2013 Act', for short). An extent of 84 sq.mtrs with a

building was acquired from the 1st petitioner; and an

extent of 1.90 ares with a three-storied commercial

building was acquired from the 2nd petitioner. Exts.P2 and

P4 are the Awards passed in favour of petitioners 1

and 2, respectively. There is no dispute with respect to

the Awards passed. The controversy is with respect to

Ext.P5 scheme for rehabilitation, which is embodied in a

Government Order, as per which, the petitioners are

entitled to be rehabilitated. It is seeking such

enforcement of rehabilitation in terms of Ext.P5 that

Exts.P7 and P7(a) representations have been preferred.

Petitioners seek consideration of the said

representations, in accordance with law.

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2025:KER:42522

2. Learned Government Pleader has no objection in

directing consideration of Exts.P7 and P7(a)

representations by the 5th respondent/Special Deputy

Collector.

3. In the circumstances, there will be a direction to the

5th respondent to consider and pass orders in accordance

with law in Exts.P7 and P7(a) representations, after

affording an opportunity of being heard to the petitioners

and any other affected party, expeditiously, at any rate

within a period of two months from the date of receipt of a

copy of this judgment. It will be open for the petitioners

to produce a copy of this judgment before the 5th

respondent, for compliance.

The Writ Petition (Civil) is disposed of as above.

Sd/-

C. JAYACHANDRAN JUDGE TR

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2025:KER:42522

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF TRADE LICENSE DATED 20.05.2020 ISSUED BY THE OACHIRA GRAMA PANCHAYAT TO THE 1ST PETITIONER FOR CONDUCTING 'QUALITY SHOPPING CENTER' Exhibit P2 THE TRUE COPY OF AWARD DATED 2.12.2021 PASSED BY THE 5TH RESPONDENT VIDE NO.0336 Exhibit P3 THE TRUE COPY OF CERTIFICATE DATED 24.8.2022 ISSUED BY THE SECRETARY KARUNAGAPPALLY MUNICIPALITY Exhibit P4 THE TRUE COPY OF AWARD PASSED BY THE 5TH RESPONDENT IN FAVOR OF THE 2ND PETITIONER VIDE NO. AYYK-001 DT.24.11.2021 Exhibit P5 THE TRUE COPY OF GOVERNMENT ORDER DATED 29.12.2017 ISSUED BY THE 1ST RESPONDENT AS G.O(MS)NO.448/2017/RD Exhibit P6 THE TRUE COPY OF EXTRACT OF THE WRITTEN REPLY GIVEN BY THE MINISTER FOR REVENUE DATED 4.2.2019 IN THE KERALA LEGISLATIVE ASSEMBLY REGARDING ACQUISITION OF LAND FOR NH-66 Exhibit P7 THE COPY OF APPLICATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 5TH RESPONDENT DATED 30.11.2024 Exhibit P7(a) THE TRUE COPY OF APPLICATION DATED 5.7.2023 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 5TH RESPONDENT