JAHANGIR PANIKKAVEETIL PERUMBARAMBATHU v. UNION OF INDIA
WP(C)/31112/2024 · 2025-04-08
T R Ravi
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 8591 (KER) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8591 (KER) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:KER:31775 WP(C) NO. 31112 OF 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 31112 OF 2024 PETITIONER:
JAHANGIR PANIKKAVEETIL PERUMBARAMBATHU AGED 49 YEARS S/O KUNJU MOIDUNNI, MALIKAYIL HOUSE, KARUVARAKUND, ORUMANAYUR THRISSUR, PIN – 680512. BY ADVS. P.SATHISAN JAVED HAIDER BIJU P.PAUL ABHIRAM SUNISH SHIBU B.S SOORYA MARIYA KURIAN RESPONDENTS: 1 UNION OF INDIA REP. BY SECRETARY, MINISTRY OF ROAD TRANSPORT & HIGHWAYS, GOVERNMENT OF INDIA, CENTRAL DELHI P.O., NEW DELHI, PIN – 110001. 2 DIRECTOR GENERAL (ROAD DEVELOPMENT) & SPECIAL SECRETARY ROOM NO.213, MINISTRY OF ROAD TRANSPORT & HIGHWAYS,
2025:KER:31775 WP(C) NO. 31112 OF 2024 2 TRANSPORT BHAVAN, 1, PARLIAMENT STREET, CENTRAL DELHI P.O., NEW DELHI, PIN – 110001. 3 PROJECT DIRECTOR NATIONAL HIGHWAYS AUTHORITY OF INDIA (HEAD OFFICE), DWARAKA SECTOR 10, SOUTH WEST DELHI P.O., NEW DELHI, PIN – 110075. 4 CHAIRMAN NHAI, G-5 & 6, SECTOR-10, DWARAKA, SOUTH WEST DELHI P.O., NEW DELHI, PIN – 110075. 5 STATE OF KERALA REP. BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM P.O., PIN – 695001. 6 PROJECT DIRECTOR NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT – KOCHI VII/511 B, NEITHELI -MAVELIPURAM ROAD, MAVELIPURAM, KAKKANAD, KERALA, PIN – 682030. 7 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY LAND ACQUSITION, NHAI, KODUNGALOOR P.O., THRISSUR, KERALA, PIN – 680669. 8 DISTRICT COLLECTOR THRISSUR, COLLECTORATE, CIVIL STATION, AYYANTHOLE P.O., THRISSUR, PIN – 680003. 9 THE ASSISTANT EXECUTIVE ENGINEER PWD (ROADS), SUB DIVISION, CHAVAKKAD P.O., THRISSUR, PIN – 680506. 2025:KER:31775 WP(C) NO. 31112 OF 2024 3 BY ADV ACHUTH KRISHNAN R SRI. RAJEEV JYOTHISH GEORGE, GP., SRI. VISHNU PRADEEP, CGC. SRI.B.G.BIDAN CHANDRAN, SC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:31775 WP(C) NO. 31112 OF 2024 4 T.R. RAVI, J. -------------------------------------------- W.P.(C) No.31112 of 2024 -------------------------------------------- Dated this the 08th day of April, 2025 JUDGMENT
The main prayer in the writ petition is for granting compensation for the entire structure even though a portion alone been acquired. The issue is covered by the judgments of this Court in WPC.No.14715 of 2024 and WA Nos.718 of 2024 and connected cases. In the above circumstances, this writ petition is closed with liberty to the petitioner to move the arbitrator for appropriate relief as has been directed in the above said judgments.
The petitioner will be entitled to move an application under Section 17 of the Arbitration and Conciliation Act in this case if required. Sd/- T.R.RAVI JUDGE mpm
2025:KER:31775 WP(C) NO. 31112 OF 2024 5 APPENDIX OF WP(C) 31112/2024 PETITIONER’S EXHIBITS Exhibit P1 TRUE
COPY
OF
THE
TAX
RECEIPT NO.KL08040603411/2024
ISSUED
BY ORUMANAYOOR VILLAGE TO THE MOTHER OF THE PETITIONER DATED 19.08.2024. Exhibit P2 TRUE
COPY
OF
NOTICE
IN
LAC NOLA2/ORU/009286/2021 DATED 17.01.2022 RECEIVED BY 1ST PETITIONER, HIS SIBLINGS AND MOTHER. Exhibit P3 TRUE COPY OF SECTION 3G AWARD IN LAC NO.2/2021 – LA2/ORU/009286/2021 DATED 17.01.2022 ISSUED BY THE 7TH RESPONDENT TO THE PETITIONER, HIS SIBLINGS AND MOTHER. Exhibit P4 TRUE COPY OF THE GOVERNMENT NOTIFICATION DATED 28.08.2015. Exhibit P5 TRUE COPY OF THE STRUCTURAL PLAN SHOWING THE PROPOSED LINE OF ACQUISITION AND LINE OF IMPACT. Exhibit P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED-NIL BEFORE THE SUB COLLECTOR, NH66, KODUNGALOORE, THRISSUR, DATED-NIL. Exhibit P6(a) TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT OF EXT.P6, ISSUED ON SUBMISSION OF REQUEST, DATED 19.08.2024.