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HASSANKUTTY.K.E v. THE PROJECT DIRECTOR
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 12TH DAY OF MARCH 2024 / 22ND PHALGUNA, 1945
WP(C) NO. 9794 OF 2024
PETITIONER:
HASSANKUTTY.K.E.,AGED 70 YEARS
S/O KUNHU HAJI, PUTHIYAPARAMBATH HOUSE, PERUMANNA P.O., KOZHIKODE DISTRICT, PIN - 673019
BY ADVS.
M.PROMODH KUMAR
MAYA CHANDRAN
RESPONDENTS:
1 THE PROJECT DIRECTOR,
NATIONAL HIGHWAY AUTHORITIES OF INDIA,
LOTUS HOUSE, PROVIDENCE COLLEGE, MALAPPARAMBA,
KOZHIKODE, PIN - 673009
2 THE COMPETENT AUTHORITY, AND
SPECIAL DEPUTY COLLECTOR (LA)
NH 66, CIVIL STATION, KOZHIKODE, PIN - 673305
3 THE SPECIAL TAHSILDAR,
LAND ACQUISITION, NH, KOYILANDY,
KOZHIKODE, PIN - 673305
4 THE VILLAGE OFFICER,
VILLAGE OFFICE, PERUMANNA P.O.,
KOZHIKODE TALUK, KOZHIKODE, PIN - 673019
OTHER PRESENT:
GP - AJITH VISWANATHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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VIJU ABRAHAM, J.
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W.P (C) No.9794 of 2024
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Dated this the 12thday of March, 2024
JUDGMENT
Petitioner has approached this Court seeking a direction to respondents 2 and 3 to consider and pass orders on Exts.P5 and P6 representations submitted regarding change of category of land from CW to D1 in Ext.P4 valuation statement. Petitioner has acquired 10 cents of land in resurvey no.73/8 of Perumanna Village in Kozhikode District as per document no.404/1980 of SRO, Chevayur. The property is a garden land in all respects but the same is described as nilam in the revenue records. On the application submitted by the petitioner the Revenue Divisional Officer as per Ext.P1 proceedings ordered conversion of said land in the revenue records from nilam to garden land and consequently Ext.P2 proceedings was issued by the Tahsildar (Land Records) effecting conversion of land as garden land in the BTR. While so, the said land was notified for the purpose of development of Palakkad-Kozhikode Green Field Highway (NH 966) and thereupon petitioner has submitted Ext.P3 statement along with all necessary documents including Exts.P1 and P2 before the 3rdrespondent. But while Ext.P4 valuation statement was prepared, the value was fixed treating the land as nilam. In the said
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circumstance petitioner has preferred Exts.P5 and P6 representations seeking to change the category of land in the valuation statement.
2. Heard the learned Government Pleader also. After hearing both sides, I am inclined to dispose of the writ petition with a direction to the 3rdrespondent to consider and pass orders on Ext.P5 especially taking into consideration Exts.P1 and P2 proceedings within an outer limit of one month from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner. Writ petition is disposed of as above.
Sd/-
VIJU ABRAHAM
JUDGE
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