Research › Search › Judgment

High Court of Kerala · body

2025 DAILYLAW 3714 (KER)

JACOB THOMAS v. THE NATIONAL HIGHWAY AUTHORITY

WP(C)/6892/2025 · 2025-04-07

T R Ravi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:30203 WP(C) NO. 6892 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 6892 OF 2025 PETITIONERS: 1 JACOB THOMAS AGED 72 YEARS S/O. THOMAS, RESIDING AT THAZHAM NORTH, CHATHANNUR P.O., MEENAD, KOLLAM, PIN – 691572. 2 ELIZABETH JACOB AGED 71 YEARS W/O. JACOB THOMAS, RESIDING AT THAZHAM NORTH, CHATHANNUR P.O., MEENAD, KOLLAM, PIN – 691572. BY ADVS. C.K.SREEJITH JOY JOHN (POTTAKKATTIL) RESPONDENTS: 1 THE NATIONAL HIGHWAY AUTHORITY REP. BY ITS PROJECT DIRECTOR, N.H DIVISION, BEACH ROAD, KOLLAM, PIN – 691006. 2 DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION ROAD, KAANKATHUMUKKU, KOLLAM, PIN – 691013. 2025:KER:30203 WP(C) NO. 6892 OF 2025 2 3 THE SPECIAL DEPUTY COLLECTOR (LAND ACQUISITION) NATIONAL HIGHWAY & COMPETENT AUTHORITY, KOLLAM, PIN – 691013. SMT. DEEPA NARAYANAN, SR.GP SRI.B.G.BIDAN CHANDRAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30203 WP(C) NO. 6892 OF 2025 3 T.R. RAVI, J. -------------------------------------------- W.P.(C) No.6892 of 2025 -------------------------------------------- Dated this the 07th day of April, 2025 JUDGMENT The prayer of the petitioners is that the respondents should be directed to acquire the remaining portion which has been left out after acquisition since it cannot be put to any use. The issue regarding the applicability of Section 94 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in acquisitions relating to National Highways was considered by this Court in a batch of writ petitions in W.P.(C) No.5944/2021 and connected cases. The judgment of this Court was taken up in appeal by the National Highway Authorities and the Division Bench has also now disposed of the appeals, affirming the judgment in the writ petitions. Since the issue is already covered by the judgments of 2025:KER:30203 WP(C) NO. 6892 OF 2025 4 this Court, this writ petition is disposed of, directing the 3rd respondent to consider and pass orders on Ext.P4 in terms of the judgment of the learned Single Judge in W.P.(C) No.5944/2021 and connected cases and the judgment of the Division Bench in W.A.No.718 of 2024 and connected cases. Necessary orders shall be issued within two months from the date of receipt of a copy of this judgment. Sd/- T.R.RAVI JUDGE mpm 2025:KER:30203 WP(C) NO. 6892 OF 2025 5 APPENDIX OF WP(C) 6892/2025 PETITIONERS’ EXHIBITS Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT DT. 5/7/2024 ISSUED BY VILLAGE OFFICER MEENAD. Exhibit P2 THE TRUE COPY OF THE AWARDNO. MEND 0462 DT. 22/2/2022. Exhibit P3 THE TRUE COPY OF THE JUDGMENT IN W.P. (C) NO. 41889/2022 ON THE FILE OF HON’BLE HIGH COURT OF KERALA, ERNAKULAM DT. 21/3/2024. Exhibit P4 THE TRUE COPY OF THE REPRESENTATION DT. 10/2/2025.