Kerala High Court
Gail (India) Ltd vs Asia Neerittichalil on 18 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
OP(C) NO. 546 OF 2022
AGAINST ORDER DATED 26.11.2021 IN I.A.NO.8/2020 IN O.P.(GAIL)
NO.373/2021 ON THE FILE OF COURT OF DISTRICT JUDGE, MANJERI
PETITIONER/2ND RESPONDENT:
GAIL (INDIA) LTD.,
REPRESENTED BY ITS GENERAL MANAGER,
KINFRA HI- TECH PARK, OFF - HMT ROAD, HMT COLONY P.O.,
KALAMASSERY, ERNAKULAM DISTRICT-683 503.
BY ADV. SRI.S.MOHAMMED AL RAFI
RESPONDENTS/APPLICANT AND 1ST RESPONDENT:
1 MOOLAKKUDAVAN SAINABA, W/O. HAMZA.K,
AMEEN MANZIL HOUSE, IRUVETTI POST, CHENGARA,
MALAPPURAM DISTRICT-673 639..
2 THE COMPETENT AUTHORITY AND DEPUTY COLLECTOR,
GAIL (INDIA) LTD., KINFRA HI-TECH PARK, OFF - HMT ROAD,
HMT COLONY P.O., KALAMASSERY, ERNAKULAM-683 503.
BY ADV. SRI.AJITH KRISHNAN, SC
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2022, ALONG
WITH OP(C) Nos.547, 549, 551, 552, 554 AND 557 OF 2022, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C) Nos.546, 547, 549, 551,
552, 554 and 557 OF 2022
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
OP(C) NO. 547 OF 2022
AGAINST ORDER DATED 10.11.2021 IN I.A NO.1164/2019 IN
O.P(GAIL)NO. 331/2021 ON THE FILE OF COURT OF DISTRICT JUDGE,
MANJERI
PETITIONER/2ND RESPONDENT:
GAIL (INDIA) LTD, REPRESENTED BY ITS GENERAL MANAGER,
KINFRA HI-TECH PARK, OFF- HMT ROAD, HMT COLONY P.O,
KALAMASSERY, ERNAKULAM DISTRICT-683 503.
BY ADV. SRI.S.MOHAMMED AL RAFI
RESPONDENTS/APPLICANT AND 1ST RESPONDENT:
1 MISBAHUL HUDA MADRASA, ELAYUR, IRUVETTY POST,
MALAPPURAM-673639, REPRESENTED BY ITS SECRETARY,
MUHAMMED ALI K.T, S/O.MARAKKAR, KAINOTT HOUSE,
ELAYUR, IRUVETTI POST, MALAPPURAM DISTRICT-673 639.
2 THE COMPETENT AUTHORITY AND DEPUTY COLLECTOR,
GAIL (INDIA) LTD, KINFRA HI-TECH PARK, OFF-HMT ROAD,
HMT COLONY P.O, KALAMASSERY, ERNAKULAM-683503.
BY ADV. SRI.AJITH KRISHNAN, SC
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2022,
ALONG WITH OP(C) Nos.546, 549, 551, 552, 554 AND 557 OF 2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C) Nos.546, 547, 549, 551,
552, 554 and 557 OF 2022
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
OP(C) NO. 549 OF 2022
AGAINST ORDER DATED 26.11.2021 IN I.A NO.9/2020 IN
O.P(GAIL)NO.374/2021 ON THE FILE OF COURT OF DISTRICT JUDGE,
MANJERI
PETITIONER/2ND RESPONDENT:
GAIL (INDIA) LTD.,
REPRESENTED BY ITS GENERAL MANAGER, KINFRA HI-TECH
PARK, OFF -HMT ROAD, HMT COLONY P.O., KALAMASSERY,
ERNAKULAM DISTRICT-683 503.
BY ADV. SRI.S.MOHAMMED AL RAFI
RESPONDENTS/APPLICANTS AND 1ST RESPONDENT:
1 ABDULLA P., AGED 53 YEARS
S/O. MUHAMMED, PANAMPATTACHALIL HOUSE, IRUVETTI POST,
KAVANNUR, AREEKODE, ERANAD TALUK,
MALAPPURAM DISTRICT-673 639.
2 AYISHA, S/O.ABDULLA P., MUHAMMED,
PANAMPATTACHALIL HOUSE, IRUVETTI POST, KAVANNUR,
AREEKODE, ERANAD TALUK, MALAPPURAM DISTRICT-673 639.
3 THE COMPETENT AUTHORITY AND DEPUTY COLLECTOR,
GAIL (INDIA) LTD., KINFRA HI-TECH PARK, OFF-HMT ROAD,
HMT COLONY P.O., KALAMASSERY, ERNAKULAM-683 503.
BY ADV. SRI.AJITH KRISHNAN, SC
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2022,
ALONG WITH OP(C) Nos.546, 547, 551, 552, 554 AND 557 OF 2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C) Nos.546, 547, 549, 551,
552, 554 and 557 OF 2022
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
OP(C) NO. 551 OF 2022
(AGAINST ORDER DATED 10.11.2021 IN I.A NO.1163/2019 IN OP(GAIL)
NO.330/2021 ON THE FILE OF COURT OF DISTRICT JUDGE,MANJERI)
PETITIONER/2ND RESPONDENT:
GAIL (INDIA) LTD.,
REPRESENTED BY ITS GENERAL MANAGER, KINFRA HI-TECH
PARK, OFF- HMT ROAD, HMT COLONY P.O, KALAMASSERY,
ERNAKULAM DISTRICT-683 503.
BY ADV. SRI.S.MOHAMMED AL RAFI
RESPONDENTS/APPLICANT AND 1ST RESPONDENT:
1 MUHAMMED KUNDLADI, S/O.MOOSA, VALAYIKUTH HOUSE,
CHELAPPURAM, KAVANNUR POST, KAVANNUR,
MALAPPURAM DISTRICT-673639.
2 THE COMPETENT AUTHORITY AND DEPUTY COLLECTOR,
GAIL(INDIA) LTD, KINFRA HI-TECH PARK, OFF-HMT ROAD,
HMT COLONY P.O, KALAMASSERY, ERNAKULAM-683503.
BY ADV. SRI.AJITH KRISHNAN, SC
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2022,
ALONG WITH OP(C) Nos.546, 547, 549, 552, 554 AND 557 OF 2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C) Nos.546, 547, 549, 551,
552, 554 and 557 OF 2022
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
OP(C) NO. 552 OF 2022
AGAINST ORDER DATED 26.11.2021 IN I.A NO.10/2020 IN
O.P(GAIL)NO.375/2021 ON THE FILE OF COURT OF DISTRICT JUDGE,
MANJERI
PETITIONER/2ND RESPONDENT:
GAIL (INDIA) LTD.,
REPRESENTED BY ITS GENERAL MANAGER, KINFRA HI-TECH
PARK, OFF-HMT ROAD, HMT COLONY P.O., KALAMASSERY,
ERNAKULAM DISTRICT-683 503.
BY ADV. SRI.S.MOHAMMED AL RAFI
RESPONDENTS/APPLICANT AND 1ST RESPONDENT:
1 KHADEEJA,AGED 64 YEARS,
W/O.MUHAMMEDAJI, PUTHENPEEDIKA HOUSE, IRUVETTI POST,
KAVANNUR, AREEKKODE, ERANAD TALUK,
MALAPPURAM DISTRICT-673 639.
2 THE COMPETENT AUTHORITY & DEPUTY COLLECTOR,
GAIL (INDIA) LTD., KINFRA HI-TECH PARK, OFF -HMT
ROAD, HMT COLONY P.O., KALAMASSERY,
ERNAKULAM-683 503.
BY ADV. SRI.AJITH KRISHNAN, SC
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2022,
ALONG WITH OP(C) Nos.546, 547, 549, 551, 554 AND 557 OF 2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C) Nos.546, 547, 549, 551,
552, 554 and 557 OF 2022
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
OP(C) NO. 554 OF 2022
AGAINST ORDER DATED 10.11.2021 IN I.A NO.1759/2019 IN O.P.
(GAIL)NO. 333/2021 ON THE FILE OF COURT OF DISTRICT JUDGE,
MANJERI
PETITIONER/2ND RESPONDENT:
GAIL (INDIA) LTD.,
REPRESENTED BY ITS GENERAL MANAGER, KINFRA HI-TECH
PARK, OFF-HMT ROAD, HMT COLONY P.O., KALAMASSERY,
ERNAKULAM DISTRICT-683 503.
BY ADV. SRI.S.MOHAMMED AL RAFI
RESPONDENTS/APPLICANT AND IST RESPONDENT:
1 BALAKRISHNAN.K.V., S/O.UNNIKUTTY.K.V.,
CHEMBRAKULANGARA HOUSE, CHEMBRAKKATTUR POST,
AREEKODE, NADAKKAVUNGAL, MALAPPURAM DISTRICT-673 639.
2 THE COMPETENT AUTHORITY & DEPUTY COLLECTOR,
GAIL (INDIA) LTD., KINFRA HI-TECH PARK, OFF -HMT
ROAD, HMT COLONY P.O., KALAMASSERY,
ERNAKULAM-683 503.
BY ADV. SRI.AJITH KRISHNAN, SC
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2022,
ALONG WITH OP(C) Nos.546, 547, 549, 551, 552 AND 557 OF 2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C) Nos.546, 547, 549, 551,
552, 554 and 557 OF 2022
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
OP(C) NO. 557 OF 2022
AGAINST ORDER DATED 10.11.2021 IN I.A NO.1740/2019 IN O.P(GAIL)
NO.332/2021 ON THE FILE OF COURT OF DISTRICT JUDGE,MANJERI
PETITIONER/2ND RESPONDENT:
GAIL (INDIA) LTD.,
REPRESENTED BY ITS GENERAL MANAGER, KINFRA HI-TECH
PARK, OFF-HMT ROAD, HMT COLONY P.O., KALAMASSERY,
ERNAKULAM DISTRICT-683 503.
BY ADV. SRI.S.MOHAMMED AL RAFI
RESPONDENTS/PETITIONER AND 1ST RESPONDENT:
1 ASIA NEERITTICHALIL,
W/O.MAMMAD, MOLAYIL HOUSE, KAVANNUR POST,
ELIYAPARAMBA, MALAPPURAM DISTRICT-673 639.
2 THE COMPETENT AUTHORITY & DEPUTY COLLECTOR,
GAIL (INDIA) LTD., KINFRA HI-TECH PARK,
OFF -HMT ROAD, HMT COLONY P.O., KALAMASSERY,
ERNAKULAM-683 503.
BY ADV. SRI.AJITH KRISHNAN, SC
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2022,
ALONG WITH OP(C) Nos.546, 547, 549, 551, 552 AND 554 OF 2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C) Nos.546, 547, 549, 551,
552, 554 and 557 OF 2022
8
JUDGMENT
These are Original Petitions filed under Article 227 of the Constitution of India by the petitioners, M/s.Gail (India) Ltd. M/s.Gail (India) Ltd is aggrieved in the matter of allowing condonation of delay in filing the original petitions under Rule 5 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Rules, 1963 (for short 'PMP Rules'). The power of the District Judge to condone the delay in filing an application for determination of compensation under Rule 5 of the PMP Rules by invoking Section 5 of the Limitation Act is the pertinent question herein to be decided. For clarity, Rule 5 of the PMP Rules is extracted as under;
"5. Application to the District Judge for determination of compensation.- Any party aggrieved by the determination of the amount of compensation may prefer an application to the District Judge within O.P.(C) Nos.546, 547, 549, 551, 552, 554 and 557 OF 2022 9 the limits of whose jurisdiction the land or any part thereof is situated, not later than ninety days of the receipt of the intimation from the competent authority under rule 4(3)"
2. It is submitted by the learned counsel for the petitioners that the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 being a special statute, the expression "not later than ninety days" in Rule 5, providing the outer time limit within which the application has to be filed before the District Judge, excludes the provisions of the Limitation Act.
3. The learned counsel for the other side zealously opposed their contention and submitted that Section 5 of the Limitation Act squarely would apply in these matters.
4. In this context, reference to a decision of a Division Bench of this Court in Omana Kunjamma V. Deputy Collector and Competent Authority (Kerala) [2019 (1) KLT 949] O.P.(C) Nos.546, 547, 549, 551, 552, 554 and 557 OF 2022 10 is necessary. Therein it has been held that an application under Section 5 of the Limitation Act, 1963 is maintainable for invoking Rule 5 of the PMP Rules. Therein, the Division Bench approved the decision of the learned Single Judge of this Court in Petronet CCK Ltd. v. Vijayan [2005(1) KLT 773] and disagreed with the contrary view taken by the Gujarat High Court in Gail (India) Ltd. v. Commanding Officer [2016 GLH (2) 7].
5. Whereas, the learned counsel for the petitioners submitted that, as against the decision in Omana Kunjamma (Supra), the petitioners had preferred Special Leave Petition before the Hon'ble Supreme Court and the same is pending consideration. But the learned counsel fairly conceded that no stay is there in the said matter.
6. Thus it has to be held that the decision of the Division Bench of this Court in Omana Kunjamma (Supra) will hold the field, until the O.P.(C) Nos.546, 547, 549, 551, 552, 554 and 557 OF 2022 11 said ratio is unsettled by the Apex Court. Therefore, these Original Petitions are liable to be dismissed, confirming the finding in the impugned orders following the ratio in Omana Kunjamma (Supra). However, it is made clear that the final decision on the question as to whether Section 5 of the Limitation Act can be made applicable to an application under Rule 5 of the PMP Rules will depend upon the outcome of the Special Leave Petition pending before the Hon'ble Supreme Court.
Accordingly, with the above observation, these Original Petitions are dismissed.
Sd/-
A. BADHARUDEEN, JUDGE WW O.P.(C) Nos.546, 547, 549, 551, 552, 554 and 557 OF 2022 12 APPENDIX OF OP(C) 546/2022 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PETITION I.A.NO.8/2020 FILED BEFORE THE DISTRICT JUDGE, MANJERI.
EXHIBIT P2 TRUE COPY OF THE COUNTER STATEMENT FILED BY THE 2ND RESPONDENT IN I.A NO.8/2020 IN BEFORE THE DISTRICT COURT, MANJERI.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 26.11.2021 IN I.A.NO.8/2020 IN O.P.(GAIL) NO.373/2021 OF THE COURT OF DISTRICT JUDGE, MANJERI. O.P.(C) Nos.546, 547, 549, 551, 552, 554 and 557 OF 2022 13 APPENDIX OF OP(C) 547/2022 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PETITION I.A NO.1164/2019 FILED BEFORE THE DISTRICT JUDGE, MANJERI.
EXHIBIT P2 TRUE COPY OF THE COUNTER STATEMENT FILED BY THE 2ND RESPONDENT IN I.A NO.1164/2019 IN BEFORE THE DISTRICT COURT, MANJERI.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 10.11.2021 IN I.A NO.1164/2019 IN O.P(GAIL) NO.331/2021 OF THE COURT OF DISTRICT JUDGE, MANJERI. O.P.(C) Nos.546, 547, 549, 551, 552, 554 and 557 OF 2022 14 APPENDIX OF OP(C) 549/2022 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PETITION I.A. NO.9/2020 IN O.P.(GAIL), FILED BEFORE THE DISTRICT JUDGE, MANJERI.
EXHIBIT P2 TRUE COPY OF THE COUNTER STATEMENT FILED BY THE 3RD RESPONDENT IN I.A. NO.9/2020 IN BEFORE THE DISTRICT COURT MANJERI.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 26.11.2021 IN I.A. NO.9/2020 IN O.P. (GAIL ) NO.374/2021 OF THE COURT OF DISTRICT JUDGE, MANJERI. O.P.(C) Nos.546, 547, 549, 551, 552, 554 and 557 OF 2022 15 APPENDIX OF OP(C) 551/2022 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PETITION I.A NO.1163/2019 FILED BEFORE THE DISTRICT JUDGE, MANJERI.
EXHIBIT P2 TRUE COPY OF THE COUNTER STATEMENT FILED BY THE 2ND RESPONDENT IN I.A NO.1163/2019 BEFORE THE DISTRICT COURT, MANJERI.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 10.11.2021 IN I.A NO.1163/2019 IN O.P (GAIL) NO.330/2021 OF THE COURT OF DISTRICT JUDGE, MANJERI. O.P.(C) Nos.546, 547, 549, 551, 552, 554 and 557 OF 2022 16 APPENDIX OF OP(C) 552/2022 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PETITION I.A NO.10/2020 FILED BEFORE THE DISTRICT JUDGE, MANJERI.
EXHIBIT P2 TRUE COPY OF THE COUNTER STATEMENT FILED BY THE 2ND RESPONDENT IN I.A NO.10/2020 BEFORE THE DISTRICT COURT, MANJERI.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 26.11.2021 IN I.A NO.10/2020 IN O.P(GAIL) NO.375/2021 OF THE COURT OF DISTRICT JUDGE, MANJERI. O.P.(C) Nos.546, 547, 549, 551, 552, 554 and 557 OF 2022 17 APPENDIX OF OP(C) 554/2022 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PETITION I.A NO.1759/2019 FILED BEFORE THE DISTRICT JUDGE, MANJERI.
EXHIBIT P2 TRUE COPY OF THE COUNTER STATEMENT FILED BY THE 2ND RESPONDENT IN I.A NO.1759/2019 IN BEFORE THE DISTRICT COURT, MANJERI.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 10.11.2021 IN IA NO.1759/2019 IN O.P(GAIL) NO.333/2021 OF THE COURT OF DISTRICT JUDGE, MANJERI.
O.P.(C) Nos.546, 547, 549, 551, 552, 554 and 557 OF 2022 18 APPENDIX OF OP(C) 557/2022 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PETITION I.A NO.1740/2019 FILED BEFORE THE DISTRICT JUDGE, MANJERI.
EXHIBIT P2 TRUE COPY OF THE COUNTER STATEMENT FILED BY THE 2ND RESPONDENT IN I.A NO.1740/2019 BEFORE THE DISTRICT COURT, MANJERI.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 10.11.2021 IN I.A NO.1740/2019 IN O.P(GAIL) NO.332/2021 OF THE COURT OF DISTRICT JUDGE, MANJERI.