Kerala High Court
Venugopalan vs Union Of India on 7 October, 2022
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
WP(C) NO. 29344 OF 2022
PETITIONERS:
1 VENUGOPALAN
AGED 59 YEARS
SON OF KUMARAN,
(RESIDING AT K.N.C SADHANAM (H),
CHOMBALA P O, AZHIYOOR VILLAGE, VADAKARA TALUK,
KOZHIKODE DISTRICT - 673 308.
2 BALAN,
AGE NOT KNOWN, SON OF KUNJIRAMAN,
(RESIDING AT KIZHAKKE MOTTEMMAL (H),
MUTTUNGAL WEST P O, CHERODU VILLAGE,
VADAKARA TALUK, KOZHIKODE DISTRICT - 673 308.
3 MOHAMMED,
AGED 76 YEARS, SON OF AMMATTY,
(RESIDING AT PANTHAYIL (H),
KANNOOKARA P O, ONJIYAM VILLAGE,
KOZHIKODE DISTRICT - 673 102.
4 SHOBANA,
AGED 54 YEARS, DAUGHTER OF KRISHNAKURUP,
(RESIDING AT KUNIYIL (H), RAROTH PO,
CHERODU VILLAGE, VADAKARA TALUK,
KOZHIKODE DISTRICT - 673 308.
5 VIKAS K,
AGED 32 YEARS, KUNIYIL (H), RAGORATH P O,
(RESIDING AT KUNIYIL (H), RAROTH P O,
CHERODU VILLAGE, VADAKARA TALUK,
KOZHIKODE DISTRICT - 673 308.
6 VIVEK K,
AGED 30 YEARS, KUNIYIL (H), RAGORATH PO,
(RESIDING AT KUNIYIL (H), RAROTH P O,
CHERODU VILLAGE, VADAKARA TALUK,
KOZHIKODE DISTRICT - 673 308.
WP(C) NO. 29344 OF 2022
2
7 SINABA,
AGED 63 YEARS, SON OF IBRAHIM HAJI,
(RESIDING AT CRESCENT (H), KANNOOKKARA P O, VADAKARA
TALUK, KOZHIKODE DISTRICT - 673 308.
8 NUSARATH,
AGED 38 YEARS, SON OF IBRAHIM HAJI,
(RESIDING AT HANAS MANZIL (H), MANAPPURAM,
VADAKARA TALUK, KOZHIKODE DISTRICT - 673 308).
9 NAJEEB M.P,
AGED 42 YEARS, SON OF IBRAHIM HAJI,
(RESIDING AT CRESCENT (H), KANNOOKKARA P O,
VADAKARA TALUK, KOZHIKODE DISTRICT - 673 308).
10 NAJMA M.P,
AGED 35 YEARS, DAUGHTER OF IBRAHIM HAJI,
(RESIDING AT CRESCENT (H), KANNOOKKARA P O,
VADAKARA TALUK, KOZHIKODE DISTRICT - 673 308).
11 NAJILA NURUDHEEN,
AGED 30 YEARS, DAUGHTER OF IBRAHIM HAJI,
(RESIDING AT CRESCENT (H), KANNOOKKARA P O,
VADAKARA TALUK, KOZHIKODE DISTRICT - 673 308).
12 BASHEER,
AGED 52 YEARS, SON OF YUSUF,
(RESIDING AT VATTACHALIL (H), WEST HILL,
KOZHIKODE DISTRICT - 673 005).
13 LEELA,
AGED 73 YEARS, WIFE OF LATE KRISHNAN,
(RESIDING AT "KRISHNASADHANAM" (H), CHEMBOLA P O,
AZHIYOOR VILLAGE, VADAKARA TALUK,
KOZHIKODE DISTRICT - 673 308).
14 RAMANI,
AGED 53 YEARS, DAUGHTER OF LATE KRISHNAN, (RESIDING AT
THEKKEATHIRUVOTH (H), CHEMBOLA P O, AZHIYOOR VILLAGE,
VADAKKARA TALUK, KOZHIKODE DISTRICT - 673 308).
15 PAVITHRAN,
AGE 49 YEARS, SON OF LATE KRISHNAN,
(RESIDING AT "KRISHNASADHANAM" (H),
CHEMBOLA P O, AZHIYOOR VILLAGE, VADAKARA TALUK,
KOZHIKODE DISTRICT - 673 308).
WP(C) NO. 29344 OF 2022
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16 SINDHU,
AGED 43 YEARS, DAUGHTER OF LATE KRISHNAN,
(RESIDING AT MINNARIKANDI PARAMELL (H),
PURAMERI P O, VADAKARA TALUK,
KOZHIKODE DISTRICT - 673 308).
17 ABDUL KAREEM,
AGED 62 YEARS, SON OF IBRAYI,
(RESIDING AT KIZHAKKE CHALIL, MANIYOOR PO,
VADAKARA TALUK, KOZHIKODE DISTRICT - 673 308).
18 SHAHIDHA,
AGED 50 YEARS, WIFE OF ABDUL KAREEM,
(RESIDING AT KIZHAKKE CHALIL, MANIYOOR PO,
VADAKARA TALUK, KOZHIKODE DISTRICT - 673 308).
19 SAMEER K C,
AGED 31 YEARS, SON OF ABDUL KAREEM,
(RESIDING AT KIZHAKKE CHALIL, MANIYOOR PO,
VADAKARA TALUK, KOZHIKODE DISTRICT - 673 308).
20 MOHAMMED SHERIFF,
AGED 28 YEARS, SON OF ABDUL KAREEM,
(RESIDING AT KIZHAKKE CHALIL, MANIYOOR PO,
VADAKARA TALUK, KOZHIKODE DISTRICT - 673 308).
21 FIDHA FATHIMA,
AGED 18 YEARS, DAUGHTER OF ABDUL KAREEM, (RESIDING AT
KIZHAKKE CHALIL, MANIYOOR PO,
VADAKARA TALUK, KOZHIKODE DISTRICT - 673 308).
22 ABDULLA,
AGED 60 YEARS, SON OF KUNJAMMADH,
(RESIDING AT HAFSEENA MANZIL (H),
ONJIYAM PO, VADAKARA TALUK,
KOZHIKODE DISTRICT - 673 308).
23 JAMELA,
AGED 59 YEARS, WIFE OF MOOSA,
(RESIDING AT KATTODI KUNIYIL(H),
ORKKATTERI P O, VADAKARA TALUK,
KOZHIKODE DISTRICT - 673 308).
24 HYRUNNISA,
AGED 38 YEARS, DAUGHTER OF MOOSA,
(RESIDING AT THIRUVANJI (H),
KARTHIKAPPALLY P O, VADAKARA TALUK,
WP(C) NO. 29344 OF 2022
4
KOZHIKODE DISTRICT --
673 308).
25 RUKSANA,
AGED 26 YEARS, DAUGHTER OF MOOSA,
(RESIDING AT KATTODI KUNIYIL(H),
ORKKATTERI P O, VADAKARA TALUK,
KOZHIKODE DISTRICT - 673 308).
26 NOUFAL MOHAMMED,
AGED 35 YEARS, SON OF MOOSA,
(RESIDING AT KATTODI KUNIYIL(H),
ORKKATTERI P O, VADAKARA TALUK,
KOZHIKODE DISTRICT - 673 308).
27 MOHAMMED ALI K K,
AGED 29 YEARS, SON OF MOOSA,
(RESIDING AT KATTODI KUNIYIL(H),
ORKKATTERI P O, VADAKARA TALUK,
KOZHIKODE DISTRICT - 673 308).
BY ADVS.
ZUBAIR PULIKKOOL
K.SEENA
RESPONDENTS:
1 UNION OF INDIA
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
GOVERNMENT OF INDIA, CENTRAL DELHI P.O,
NEW DELHI 110 001.
2 DIRECTOR GENERAL ( ROAD DEVELOPMENT) AND SPECIAL
SECRETARY ROOM NO. 213,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT
BHAVAN-1, PARLIAMENT STREET, CENTRAL DELHI P.O, NEW
DELHI 110 001.
3 PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA (HEAD OFFICE),
DWARAKA SECTOR 10, SOUTH WEST DELHI P.O,
NEW DELHI-110 075.
WP(C) NO. 29344 OF 2022
5
4 CHAIRMAN,
NHAI, G-5 AND 6, SECTOR -10, DWARAKA,
SOUTH WEST DELHI P.O,
NEW DELHI- 110 075
5 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM P.O, PIN 695 001
6 PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT
IMPLEMENTATION UNIT, KOZHIKODE, LOTUS (H), 34/1487 A,
PROVIDENCE WOMENS
COLLEGE ROAD, MALAPARAMBA P.O,
KOZHIKODE- 673 009.
7 DISTRICT COLLECTOR,
ARBITRATOR, LAND ACQUISITION (NH) COLLECTORATE, WAYANAD
RD, CIVIL STATION P.O, ERANHIPALAM, KOZHIKODE 673 020.
8 SPECIAL TAHSILDAR (LA(NH)),
VATAKARA MINI CIVIL STATION, COURT ROAD, VATAKARA
P.O, KOZHIKODE 673 101,
9 SPECIAL DEPUTY COLLECTOR,
LAND ACQUISITION (NH) COLLECTORATE, WAYANAD RD,
CIVIL STATION P.O, ERANHIPALAM, KOZHIKODE 673 020.
BY ADV MANU S., DSG OF INDIA
SRI. BIMAL K. NATH, SR.GP.
SRI. LEJO JOSEPH GEORGE, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 29344 OF 2022
6
T.R.RAVI, J.
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WP(C) No.29344 of 2022
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Dated this the 07th day of October, 2022
JUDGMENT
Admit. Government Pleader takes notice for respondents 5, 7, 8 and 9. Standing Counsel takes notice for respondents 3, 4 and 6. DSGI takes notice for respondents 1 and 2.
The prayer in the writ petition is for a direction to the 7 th respondent to consider and pass order on Exts.P3 to P11 appeals. The Government Pleader on instruction submits that Exts.P3 to P11 have been received and are pending.
In the above circumstances, the writ petition is disposed of directing the 7th respondent to consider and pass orders on Exts.P3 to P11 after hearing the petitioners, at the earliest, at any rate within eight months from the date of receipt of a copy of this judgment.
Sd/-
T.R.RAVI JUDGE sn WP(C) NO. 29344 OF 2022 7 APPENDIX OF WP(C) 29344/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT IN WP(C) 23142/2021 DATED 30.11.2011 Exhibit P2 TRUE COPY OF JUDGMENT IN WP(C) 12598/2021 DATED 09.09.2021 Exhibit P3 TRUE COPY OF THE APPEAL SUBMITTED BY 1ST PETITIONER BEFORE 7TH RESPONDENT DATED 8.4.2022 Exhibit P4 TRUE COPY OF THE APPEAL SUBMITTED BY 2ND PETITIONER BEFORE 7TH RESPONDENT DATED 8.4.2022 Exhibit P5 TRUE COPY OF THE APPEAL SUBMITTED BY 3RD PETITIONER BEFORE 7TH RESPONDENT DATED 8.4.2022 Exhibit P6 TRUE COPY OF THE APPEAL SUBMITTED BY PETITIONERS 4 TO 6 BEFORE 7TH RESPONDENT DATED 8.4.2022 Exhibit P7 TRUE COPY OF THE APPEAL SUBMITTED BY PETITIONERS 7 TO 11 BEFORE 7TH RESPONDENT DATED 8.4.2022 Exhibit P8 TRUE COPY OF THE APPEAL SUBMITTED BY 12TH PETITIONER BEFORE 7TH RESPONDENT DATED 8.4.2022 Exhibit P9 TRUE COPY OF THE APPEAL SUBMITTED BY PETITIONERS 13 TO 16 BEFORE 7TH RESPONDENT DATED 8.4.2022 Exhibit P10 TRUE COPY OF THE APPEAL SUBMITTED BY PETITIONERS 17 TO 21 BEFORE 7TH RESPONDENT DATED 8.4.2022 Exhibit P11 TRUE COPY OF THE APPEAL SUBMITTED BY PETITIONERS 22 AND 27 BEFORE 7TH RESPONDENT DATED 8.4.2022 RESPONDENT'S EXHIBITS : NIL //TRUE COPY// PA TO JUDGE