IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 WP(C).No. 35454 of 2010(F) ---------------------------------------- PETITIONER(S): ----------------------- KUNJU KRISHNAN NAIR, S/O.KESAVA PILLAI, 'KOMAL BHAVAN', KARODE VILLAGE, AYIRA-P.O., NEYYATINKARA TALUK, TRIVANDRUM-695 502. BY ADVS. SRI.T.M.SUNIL, SMT.S.CHITHRA. RESPONDENT(S): ---------------------------- SPECIAL DEPUTY COLLECTOR (COMPETENT AUTHOTIRY), LAND ACQUISITION-NATIONAL HIGHWAYS, CIVIL STATION, KODAPANAKUNNU, TRIVANDRUM - 695 005. *ADDL.R2 IMPLEADED: R2. NATIONAL HIGHWAYS AUTHORITY OF INDIA, RESPRESENTED BY THE GENERAL MANAGER & PROJECT MANAGER, TRIVANDRUM. (*ADDL.R2 IS IMPLEADED AS PER ORDER DTD. 6/12/2010 IN I.A.NO.16667/2010) R1 BY SR. GOVERNMENT PLEADER SMT. K.R.DEEPA R2 BY ADV. SRI. THOMAS ANTONY KALLAMPILLY, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 35454 OF 2010 -------------------------- Dated this the 6th day of December, 2010 J U D G M E N T The petitioner who owns a parcel of land approximately 25 ½ cents in extent in Karode Village, Neyyatinkara Taluk, Thiruvananthapuram District has filed this writ petition seeking a direction to the first respondent to consider the objections raised by him in Ext.P2 representation to the proposal in Ext.P1 notification issued under section 3A(1) of the National Highways Act, 1956 (hereinafter referred to as 'the Act' for short) to acquire the said land for the purpose of widening the National Highway. The grievance voiced by the petitioner is that though under the provisions of the Act, the first respondent is bound to consider Ext.P2 representation dated 15.11.2010, which was sent by registered post, till date, the first respondent has not considered the said representation by affording the petitioner an opportunity of being heard. 2. When the writ petition came up for hearing today, Sri. Thomas Antony, the learned standing counsel appearing for the National Highway Authority of India submitted that under the provisions of section 3C(1) of the Act, the first respondent has to consider the objections raised by claimants interested in the land WPC No.35454/2010 2 and therefore the first respondent will have to consider Ext.P2 representation and take a decision in the matter. The learned Government Pleader appearing for the State of Kerala submitted that pursuant to the directions issued by the State Government, acquisition of land for the purpose of widening the National Highway from Oachira to Thiruvananthapuram has been kept in abeyance and that may be the reason why the first respondent is not considering Ext.P2. In my opinion, if the State Government have directed the first respondent to stay the acquisition of lands, the first respondent can only act accordingly. I therefore dispose of the writ petition with a direction to the first respondent to consider Ext.P2 and take an appropriate decision thereon having regard to the directions issued by the Government in the matter of widening the National Highway from Oachira to Thiruvananthapuram. A final decision in the matter shall be taken expeditiously and in any event within three months from the date on which the petitioner produces a certified copy of this judgment before the first respondent. P.N.RAVINDRAN, (JUDGE) vps WPC No.35454/2010 3 WPC No.35454/2010 4