Review petitioner challenged a writ judgment that was vitiated because it incorrectly applied the National Highways Act instead of the Land Acquisition Act regarding land acquisition objections. The court allowed the review and recalled the impugned judgment.
Review petition allowed; impugned judgment in WPC.4943/2010 recalled.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932
RP.No. 293 of 2010(P)
--------------------AGAINST THE JUDGEMENT/ORDER IN WPC.4943/2010 Dated 16/02/2010
REVIEW PETITIONER(S): PETITIONERS
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1. HASNA, W/O. MAHAMMOOD,'HASNAS', PO MUZHAPPILANGAD,NEAR MAIDU BRIDGE,KANNUR DISTRICT.
2. JASIR AHAMMED.M.C,S/O.MAHAMMOOD, 'HASNAS',PO MUZHAPPILANGAD,NEAR MAIDU BRIDGE, KANNUR DISTRICT.
3. SABITHA.K.P,W/O.AHAMMED,
RESPONDENT(S)/RESPONDENTS:
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1. THE GENERAL MANAGER, NATIONAL HIGHWAY AUTHORITY OF INDIA, THIRUVANANTHAPURAM.
2. THE CHIEF ENGINEER(NATIONAL HIGHWAY) PWD OFFICE, PUBLIC OFFICE COMPLEX, MUSEUM ROAD, THIRUVANANTHAPURAM.
3. THE DISTRICT COLLECTOR, KANNUR.
4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAMN.
ADV. SRI.THOMAS ANTONY FOR R1
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 17/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ANTONY DOMINIC, J.
--------------------------------------------------
R.P.No.293/2010 in WPC.No.4943/2010(P)
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Dated this the 17th day of June, 2010
O R D E R
Heard the Standing counsel appearing for the respondents 1
and 2.
Post the Writ Petition for admission.
(ANTONY DOMINIC)
WPC.No. /09
:2 :
JUDGE
vi/
1 issue framed by the court
Whether the impugned judgment in the writ petition should be reviewed due to error regarding the applicable statutory provision for land acquisition.
2 provisions across 2 enactments
HASNA
JASIR AHAMMED
SABITHA K P
GENERAL MANAGER, NATIONAL HIGHWAY AUTHORITY OF INDIA
THE DISTRICT COLLECTOR, KANNUR
STATE OF KERALA
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
