Dismissed

Nizar Koya Thangal v. Gail India Limited

Kerala HC22 Nov 2021WP(C)/2375/2018

Case brief

AI extract

What is this about?

A multi-petitioner writ petition was disposed of by dismissing the petitions as infructuous due to the absence of a prayer for compensation. The court granted liberty to the petitioners to approach appropriate authorities for compensation at the appropriate legal stage.

What did the court decide?

Petitions dismissed as infructuous with liberty to readers the question of compensation before appropriate authorities.

Nizar Koya Thangal Vs Gail India Limited — Writ and Judicial Review | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

¶4

MONDAY, THE 22^ND DAY OF NOVEMBER 2021 / 1ST AGRAHAYANA, 1943

¶5

WP(C) NO. 38205 OF 2016

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PETITIONER:

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SAJEEV T.B S/O.BHASKARAN,THENKAYIL HOUSE,KANIMANGALAM.PO,THRISSUR. BY ADV SRI.T.V.MAMMOOTTY

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RESPONDENTS:

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1 GAIL (INDIA) LTD KKBMPL PROJECT REPRESENTED BY ITS MANAGER,10TH FLOOR,REVENUE TOWER,PARK AVENUE ROAD,KOCHI-682011.

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2 THE DEPUTY COLLECTOR AND COMPETENT AUTHORITY(KERALA) KKBMPL PROJECT,GAIL (INDIA)LIMITED,10TH FLOOR, REVENUE TOWER,PARK AVENUE ROAD,KOCHI-682011.

¶11

3 THEKKAYIL SWARAMAN, AGED 69 YEARS S/O.VELAYUDHAN,PENSIONER,THEKKUMKARA VILLAGE,MUKUNDAPURAM TALUK-680027. BY ADVS.SMT.LATHA ANAND

¶12

SRI.AJITH KRISHNAN, SC, COMPETENT AUTHORITY, GAIL (INDIA) LIMITED

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.11.2021, ALONG WITH WP(C).35111/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE

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FOLLOWING:

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W.P.(C).No.38205 of 2016, 35111 & 41930 of 2017 and 2375 & 13983 of 2018

¶16

¶17

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶18

PRESENT

¶19

THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

¶20

MONDAY, THE 22^ND DAY OF NOVEMBER 2021 / 1ST AGRAHAYANA,

¶21

1943

¶22

WP(C) NO. 35111 OF 2017

¶23

PETITIONER:

¶24

MALIYEKKAL PHILOMINA W/O. CYRIAC, KARIMBAM P.O, KANNUR DISTRICT, PIN - 670 142. BY ADVS. SRI.V.C.JAMES SRI.GEORGE MECHERIL

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RESPONDENTS:

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1 UNION OF INDIA REPRESENTED BY ITS SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF PETROLEUM AND NATURAL GAS, NEW DELHI - 110 001. 2 GAIL INDIA LIMITED GAIL BHAVAN, 16, BHIKAJI CAMA PLACE, R.K PURAM,NEW DELHI - 110 066. 3 COMPETENT AUTHORITY OF KERALA GAIL (INDIA) LIMITED, 10TH FLOOR, REVENUE TOWER,PARK AVENUE ROAD, KOCHI - 682 011. 4 THE PRINCIPAL SECRETARY TO GOVERNMENT INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. BY ADVS. ASSISTANT SOLICITOR GENERAL SRI.JOSEPH SEBASTIAN (PARACKAL) SRI.JOSEPH SEBASTIAN PARACKAL SMT.LATHA ANAND SRI.K.S.SAJEEV KUMAR

¶27

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.11.2021, ALONG WITH WP(C).2375/2018, 13983/2018 AND CONNECTED CASES, THE COURT ON THE SAME

¶28

DAY DELIVERED THE FOLLOWING:

¶29

W.P.(C).No.38205 of 2016, 35111 & 41930 of 2017 and 2375 & 13983 of 2018

¶30

¶31

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶32

PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 22^ND DAY OF NOVEMBER 2021 / 1ST AGRAHAYANA,

¶34

1943

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WP(C) NO. 41930 OF 2017

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PETITIONER:

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ABDUL AZEEZ K.V

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S/O. BAPPUHAJI, KAKKIDTHODI VALAPPIL, ANAKKARA VILLAGE, PATTAMBI TALUK, KUDALLUR P.O, PALAKKAD DISTRICT.

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BY ADVS. SRI.G.HARIHARAN SRI.PRAVEEN.H.

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RESPONDENTS:

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1 DISTRICT COLLECTOR CIVIL STATION, PALAKKAD DISTRICT, PIN 678 001. 2 GAS AUTHORITY OF INDIA LTD 16, BHIKAIJI CAMA PALACE, R.K PURAM, NEW DELHI 110 066. 3 UNION OF INDIA MINISTRY OF PETROLEUM AND NATURAL GAS, SASTHRI BHAVAN, NEW DELHI 110 066, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT. BY ADVS. SMT.LATHA ANAND SRI.M.N.RADHAKRISHNA MENON

¶42

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.11.2021, ALONG WITH WP(C).35111/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶43

¶44

W.P.(C).No.38205 of 2016, 35111 & 41930 of 2017 and 2375 & 13983 of 2018

¶45

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶46

PRESENT

¶47

THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

¶48

MONDAY, THE 22^ND DAY OF NOVEMBER 2021 / 1ST AGRAHAYANA,

¶49

1943

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WP(C) NO. 2375 OF 2018

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PETITIONERS:

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1 NIZAR KOYA THANGAL S/O.MULLA KOYA THANGAL, AGED 46 YEARS, PRESIDENT, PARENT TEACHERS ASSOCIATION, MMET HIHG SCHOOL, MELMURI P.O., MALAPPURAM -676 514.

¶53

2 SULFIKAR ALI M. S/O.KUNJAMPU, AGED 38 YEARS, PRESIDENT, PARENT TEACHERS ASSOCIATION, MA'DIN PUBLIC SCHOOL, MELMURI P.O., MALAPPURAM -676 514.

¶54

3 BASHEER M.I. S/O.MUHAMMED, AGED 52 YEARS, PRESIDENT, PARENT TEACHERS ASSOCIATION, ISLAHIYA HIGHER SECONDARY SCHOOL, DOWN HILL P.O., MALAPPURAM-676 519. BY ADVS. SRI.S.SREEKUMAR (SR.) SRI.R.GITHESH SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA

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RESPONDENTS:

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1 GAIL INDIA LIMITED 16, BHIKAJI CAMA PALACE, R.K.PURAM, NEW DELHI110 066.

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2 UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT,MINISTRY OF PETROLEUM AND NATURAL GAS, SASTHRI BHAVAN, NEW DELHI-1.

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3 GOVERNMENT OF KERALA REPRESENTED BY ITS SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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4 THE DISTRICT COLLECTOR CIVIL STATION, MALAPPURAM-676 519.

¶60

W.P.(C).No.38205 of 2016, 35111 & 41930 of 2017 and 2375 & 13983 of 2018

¶61

¶62

5 THE DISTRICT POLICE CHIEF MALAPPURAM-676 519.

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6 MALAPPURAM MUNCIPALITY REPRESENTED BY ITS SECRETARY,DOWN HILL P.O., MALAPPURAM-676 519.

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ADDL.R7 M.E.E.T. HIGHER SECONDARY SCHOOL MELMURI P.O., MALAPPURAM-676514.

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ADDL.R8 MA'DIN PUBLIC SCHOOL

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MELMURI P.O., MALAPPURAM-676514.

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ADDL.R9 ISLAHIA HIGHER SECONDARY SCHOOL DOWN HILL, MALAPPURAM, PIN-676519.

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ADDL. R7 TO R9 IMPLEADED AS PER ORDER DATED 21/06/2018 IN I.A.NO.10632/2018 BY ADVS. SMT.KEERTHI SOLOMON, CGC SMT.LATHA ANAND SRI.M.N.RADHAKRISHNA MENON

¶69

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.11.2021, ALONG WITH WP(C).35111/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶70

W.P.(C).No.38205 of 2016, 35111 & 41930 of 2017 and 2375 & 13983 of 2018

¶71

¶72

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶73

PRESENT

¶74

THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

¶75

MONDAY, THE 22^ND DAY OF NOVEMBER 2021 / 1ST AGRAHAYANA,

¶76

1943

¶77

WP(C) NO. 13983 OF 2018

¶78

PETITIONER:

¶79

NOUHSAD.P.E AGED 37 YEARS S/O. ABU BAKER, AGED 37 YEARS,KAIVELIKKAL VYSABATH, KURATTA P.O.,MOKERI VILLAGE, THALASSERY,KANNUR DISTRICT - 670 694. BY ADV SRI.RENNY AUGUSTINE

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RESPONDENTS:

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1 UNION OF INDIA REPRESENTED BY ITS SECRETARY TO THE MINISTRY OF PETROLEUM & NATURAL GAS, NEW DELHI - 110 001.

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2 STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR,COLLECTRIATE, KANNUR DISTRICT.

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3 DEPUTY COLLECTOR (LA) COLLECTRIATE, KANNUR.

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4 DEPUTY COLLECTOR AND COMPETENT AUTHORITY FOR KERALA GAIL (INDIA), KOCHI - 683 503. 5 GAS AUTHORITY OF INDIA LIMITED GAIL LIMITED 10TH FLOOR REVENUE TOWER, KOCHI - 682 011,REPRESENTED BY ITS GENERAL MANAGER (CONSTRN). BY ADVS.ASSISTANT SOLICITOR GENERAL SMT.LATHA ANAND SRI.M.N.RADHAKRISHNA MENON

¶85

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

¶86

ADMISSION ON 22.11.2021, ALONG WITH WP(C).35111/2017

¶87

AND CONNECTED CASES, THE COURT ON THE SAME DAY

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DELIVERED THE FOLLOWING:

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¶90

W.P.(C).No.38205 of 2016, 35111 & 41930 of 2017 and 2375 & 13983 of 2018

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P.V.KUNHIKRISHNAN, J.

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-------------------------------W.P.(C).Nos.38205 of 2016, 35111 & 41930 of 2017 and 2375 & 13983 of 2018

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Dated this the 22^nd day of November, 2021

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JUDGMENT

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When these writ petitions came up for consideration, the learned counsel appearing for the petitioners and the learned counsel appearing for the respondents submitted that the prayers in these writ petitions are infructuous. But the learned counsel who appeared for the petitioners submitted that the compensation amount is not received. The learned counsel for the respondents submitted that there is no such prayer in these writ petitions.

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In such circumstances, I think these writ petitions can be closed as infructuous granting liberty to the petitioners to raise the question of compensation at the appropriate stage in accordance to law.

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Therefore, these writ petitions are dismissed as

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W.P.(C).No.38205 of 2016, 35111 & 41930 of 2017 and 2375 & 13983 of 2018 8

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infructuous with liberty to the petitioners to raise the question of compensation before the appropriate authorities in accordance to law.

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Sd/- P.V.KUNHIKRISHNAN JUDGE

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Nizar Koya Thangal v. Gail India Limited

Case brief

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Nizar Koya Thangal v. Gail India Limited

Case brief

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