Disposed

Kathikeyan P N v. Union of India

Kerala HC5 Mar 2024WP(C)/1378/2024

Case brief

AI extract

What is this about?

The petitioner sought an award determining compensation for property acquired for a national highway. Due to a dispute over land ownership, the court directed the competent authority to refer the matter for adjudication by the Principal District Court under Section 3H(4) of the National Highways Act within one month, and disposed of the writ petition accordingly.

What did the court decide?

Direction to the 5th respondent to refer the matter for adjudication under Section 3H(4) of the National Highways Act within one month.

Kathikeyan P N Vs Union of India — Land Acquisition | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 5^TH DAY OF MARCH 2024 / 15TH PHALGUNA, 1945 WP(C) NO.1378 OF 2024

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PETITIONER:

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KATHIKEYAN P N AGED 72 YEARS S/O. NARAYANAN, PALAZHY HOUSE, THURAVOOR THEKKU VILLAGE, CHERTHALA, ALAPPUZHA, PIN - 688532

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BY ADVS.JOBY CYRIAC KURIAN K JOSE

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RESPONDENTS:

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1 UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, NEW DELHI, PIN - 110001

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2 STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF INDUSTRIES AND COMMERCE, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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

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4 PROJECT DIRECTOR NATIONAL HIGHWAY AUTHORITY OF INDIA, RAJASREEKAIRALI, PERUMTHANNI, VALLAKKADAVU.P.O., THIRUVANANTHAPURAM, PIN - 695008

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5 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY LAND ACQUISITION, NATIONAL HIGHWAY AUTHORITY OF INDIA, COLLECTORATE,ALAPPUZHA., PIN - 688001

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6 THE SPECIAL TAHASILDAR(LA,NH) THURAVOOR THEKKU VILLAGE, CHERTHALA, ALAPPUZHA, PIN - 688532

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BY ADV. VISHNU PRADEEP JUSTIN JACOB, SR. GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)NO.1378/2024

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JUDGMENT

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Dated this the 05^th day of March, 2024

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Petitioner has approached this Court seeking a direction

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to the fifth respondent to pass an award determining compensation payable to the petitioner with respect to his property as mentioned in Ext.P3 Eviction Mahazar, within a time limit to be fixed by this Court.

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A counter affidavit has been filed by respondents 1, 3 and 4 wherein paragraph No.6 states that in view of the dispute over the ownership of the land, the same shall be referred for adjudication of the Principal District Court under Section 3 H (4) of the National Highways Act, 1956.

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Heard the learned Government Pleader also.

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After hearing both sides, I am inclined to dispose of

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the Writ Petition with a direction to the fifth respondent to take appropriate steps to refer the matter for adjudication covered by Section 3H(4) of the National Highways Act, 1956, within a period of one month from the date of receipt of a copy of the judgment.

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With the above said direction, Writ Petition is disposed

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of.

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SD/VIJU ABRAHAM JUDGE

csl

APPENDIX OF WP(C) 1378/2024

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PETITIONER'S EXHIBITS

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Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT OF THE PROPERTY BEARING NO.KL04021802014/2023 DATED 01/04/2023 Exhibit P2 TRUE COPY OF THE POSSESSION AND NONATTACHMENT CERTIFICATE OF THE PROPERTY DATED 20/07/2021 Exhibit P3 TRUE COPY OF THE EVICTION MAHAZAR LAC NO.176/2019, DATED 02/02/2022 Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 16/11/2021 BEFORE THE 6TH RESPONDENT

Kathikeyan P N v. Union of India

Case brief

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Kathikeyan P N v. Union of India

Case brief

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