IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 WP(C).No. 35744 of 2005(E) -------------------------- PETITIONER: ------------ V.G.SUBHASHINI BAI, C.G.NARAYANANKUTTY, CHAKKUNGATHODIYIL HOUSE, PUDUKKAD AMSOM DESOM, THRISSUR DISTRICT. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: ------------- 1. THE NATIONAL HIGHWAY AUTHORITY OF INDIA, REP. BY ITS MANAGER. 2. THE SECRETARY TO GOVERNMENT, FINANCE RESOURCES REVENUE FAST TRACT PROJECT AND MANAGING DIRECTOR, TRIAS, THIRUVANANTHAPURAM. 3. THE PROJECT MANAGER, NH AE 6/432, MUSEUM CROSS LANE, THRISSUR 680 020. 4. THE GOVERNMENT OF KERALA, REP. BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 5. THE DISTRICT COLLECTOR, THRISSUR. BY ADV. SRI. AJITH KRISHNAN, ADDL.CGSC FOR R1 ADV.SRI.THOMAS ANTONY FOR R3 GOVT. PLEADER SMT.LATHA THANKAPPAN FOR R4 & R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX(WPC NO.35744/05) PETITIONER'S EXTS.: EXT.P1: TRUE COPY OF THE GUIDELINES ISSUED BY THE GOVERNMENT OF INDIA. EXT.P2: TRUE COPY OF THE CIRCULAR ISSUED BY THE 1ST RESPONDENT DATED 6.5.2005. EXT.P3: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE COMMITTEE FORMED BY THE AFFECTED PARTIES TO RESPONDENTS. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.35744 of 2005 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 3rd July, 2008 JUDGMENT Mr.Thomas Antony, Standing Counsel for the National Highway Authority of India submits that in all probability the acquisition proceedings are over and the petitioner has already been dispossessed of her property. Mr.T.G.Rajendran, counsel for the petitioner submits that acquisition proceedings are not over and the petitioner has not been dispossessed. If the acquisition proceedings are not completed by passage of the award and by taking over possession, it is open to the petitioner to move the 2nd respondent with a prayer that the fast track project should be adopted for completion of the acquisition proceedings in accordance with the provisions contained in the National Highways Act, 1956. If the competent authority receives such a representation from the petitioner within two weeks of the petitioner receiving copy of this judgment, that authority will first of all verify whether award is passed and possession is taken. If the verification reveals that award is not passed and possession is not taken, that authority will consider the representation, hear the petitioner and take a decision on the W.P.C.No.35744/05 - 2 - representation within one month of the receipt of the same. The Writ Petition is disposed of as above. srd PIUS C.KURIAKOSE, JUDGE