Kerala High Court
Kunhammad @ Tharaka Ammad vs Government Of India on 10 June, 2020
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
WEDNESDAY, THE 10TH DAY OF JUNE 2020 / 20TH JYAISHTA, 1942
WP(C).No.11347 OF 2020(P)
PETITIONER/S:
KUNHAMMAD @ THARAKA AMMAD
AGED 60 YEARS
S/O.POCKER, THARAKA HOUSE, KAKKAMVELLY, POST
NADAPURAM, KOZHIKODE DISTRICT.
BY ADV. R.K.MURALIDHARAN
RESPONDENT/S:
1 GOVERNMENT OF INDIA
REPRESENTED BY SECRETARY TO MINISTRY OF PETROLEUM AND
NATURAL GAS, NEW DELHI-110001
2 GAIL INDIA LTD,
GAIL BHAVAN, 16 BHIKAJI CAM APLACE, RK PURAM, NEW
DELHI-110006 REP. BY ITS GENERAL MANAGER
3 COMPETENT AUTHORITY FOR KERALA
GAIL INDIA LTD, REVENUE TOWER, PARK AVENUE ROAD,
KOCHI-682011
4 DEPUTY GENERAL MANAGER(CONSTRUCTION)
BLUE NILE HOTEL, 6TH FLOOR, KANNUR, KANNUR DISTRICT-
670001
5 DEPUTY GENERAL MANAGER
KALPATARU POWER TRANSMISSION LTD, CAMP OFFICE,
LOKNATH ROAD, CHOVA, KANNUR DISTRICT-670006
R2, R4 BY ADV. SRI.S.MOHAMMED AL RAFI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.06.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.11347 OF 2020(P) 2
JUDGMENT
The petitioner has approached this Court claiming damages for a defect sustained by his property on account of an attempt at laying of pipelines by the respondents. Although various contentions are raised in the writ petition in support of the claim for damages, I am of the view that inasmuch as the relief sought by the petitioner is dependent upon an adjudication of facts, for which this Court would not be suited in proceedings under Article 226 of the Constitution of India, the petitioner ought to approach a competent forum for adjudication of the factual aspects.
Accordingly, without prejudice to the right of the petitioner to either move the competent civil court through a suit for damages or approach a competent forum if prescribed under the applicable statutes, the writ petition seeking the said reliefs is dismissed.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE Sd WP(C).No.11347 OF 2020(P) 3 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE PANCHANAMA DATED 25.04.2017 EXHIBIT P2 TRUE COPIES OF THE PHOTOGRAPHS EXHIBIT P3 A TRUE COPY OF THE ESTIMATE PREPARED BY THE LICENCED BUILDING SUPERVISOR EXHIBIT P4 TRUE COPY O THE NOTICE ISSUED TO THE 2NBD RESPONDENT EXHIBIT P4(A) TRUE COPY OF THE NOTICES ISSUED OT THE 4TH AND 5TH RESPONDENTS EXHIBIT P5 TRUE COPY OF THE ACKNOWLEDGMENT CARD RECEIVED FORM 2ND RESPONDENT EXHIBIT P5(A) TRUE COPY OF THE ACKNOWLEDGMENT CARD RECEIVED FROM 4TH RESPONDENT EXHIBIT P5(B) TRUE COPY OF THE ACKNOWLEDGMENT CARD RECEIVED FROM 5TH RESPONDENT sd