Gopalakrishna Pillai vs the Union of India

Gopalakrishna Pillai vs The Union of India

Type Court Judgment Court Kerala Decided Jun 30, 2020

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Citation: sooperkanoon.com/1827310
Court: Kerala High Court
Judge: Honourable Mr. Justice a.Muhamed Mustaque
Decided On: Jun 30, 2020
Case Number: WP(C)/29335/2018

Parties & Advocates

Appellant / Petitioner

Gopalakrishna Pillai

Respondent

The Union of India

Excerpt

.....copy of the representation dated exhibit p7 true copy of the judgment in wp(c) no. exhibit p8 true copy of the interim order dated 20/8/2018 in wp(c) no. 27955/2018 of this hon'ble court. -5- appendix of wp(c) 29371/2018 petitioner's/s exhibits: exhibit p1 true copy of the settlement deed no.440 dated exhibit p2 true copy of the property tax receipt issued by the adichanallur panchayat dated 31/03/2018. exhibit p2 a true copy of the property tax receipt issued by the adichanallur panchayat dated 31/03/2018. exhibit p2 b true copy of the property tax receipt issued by the adichanallur panchayat dated 31/3/2018. exhibit p2 c true copy of the property tax receipt issued by the adichanallur panchayat dated 31/03/2018. exhibit p3 true copy of the paper publication in manorma daily dated 10/03/2018. exhibit p4 true copy of the proceedings of the 3rd respondent dated 27/07/2018. exhibit p5 true copy of the sketch showing the area notifiedin exhibit p3 to be acquired from the property of the petitioner and the excess area marked by survey and planting of stones by the officials of the 3rd respondent. exhibit p6 true copy of the representation dated 10/08/2018. exhibit p7 true copy of the judgment in wp(c) no.16962/2018 of this honourable court. exhibit p8 true copy of the interim order dated 20/08/2018 in wp(c) no.27955/2018 of this honourable court. respondents exhibits: annexure r2(a) : true copy of the land acquisition plan. annexure r3(a) : true copy of the order no.a1/243/18 dated 11.09.2018. -6- appendix of wp(c) 29889/2018 petitioner's/s exhibits: exhibit p1 true copy of the land tax receipt dated exhibit p2 true copy of the paper publication in manorama daily dated 10/3/2018. exhibit p3 true copy of the sketch showing the area notified in exhibit p2 of the pto acquired from the property petitioner and the excess area marked by survey and planting of stones by the officials of the 3rd respondent.exhibit p4 true copy of the representation dated.....

Full Judgment

PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 30TH DAY OF JUNE 2020 / 9TH ASHADHA, 1942 WP(C).No.29371 OF 2018(V) PETITIONER/S: 1 RAMACHANDRAN NAIR, AGED 57 YEARS, K. R. G. MANDIRAM, MYLAKKADU P. O, KOLLAM, PINCODE-691571. 2 GEETHA RAMACHANDRAN, AGED 53 YEARS, S/O.KUTTAN PILLAI, K.R.G.MANDIRAM, MYLAKKADU P.O., KOLLAM, PINCODE - 691 571. BY ADV. J.HARIKUMMAR RESPONDENT/S: 1 THE UNION OF INDIA, REP. BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN, I, PARLIAMENT STREET, NEW DELHI - 110 001. 2 THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, REPRESENTED BY ITS CHAIRMAN, G-5 AND 6, SECTOR - 10, DWARAKA, NEW DELHI - 110 075. 3 THE DEPUTY COLLECTOR AND COMPETENT AUTHORITY (LA) FOR NATIONAL HIGHWAY - 47 (N H 66), COLLECTORATE, KOLLAM - 691 013. 4 THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA PROJECT IMPLEMENTTION UNIT (KERALA REGION), T C 36/414(5), KOYIKKAL VEEDU, KAVU LANE, PALKULANGARA, THIRUVANANTHAPUAM - 695 024. R1 BY SRI.T.V.VINU, CGC R2-4 BY ADV. SMT.R.ASALATHA VARMA R2-4 BY ADV. SRI.B.G.BIDAN CHANDRAN R2-4 BY ADV. SRI.E.C.KURIAKOSEBY BY SENIOR GOVERNMENT PLEADER, SRI.S.GOPINATHANBY M/S.M.V.KINI & CO., SC, NHAI BY SRI.P.VIJAYAKUAMR, ASGI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.06.2020, ALONG WITH WP(C).29335/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -3-

PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 30TH DAY OF JUNE 2020 / 9TH ASHADHA, 1942 WP(C).No.29889 OF 2018(I) PETITIONER/S: AZEEM, AGED 46 YEARS, S/O.ISMAIL, KOTTARAKONATH VEEDU, MANAMBOOR P.O, KALLAMBALAM, PINCODE-695611. BY ADV. SRI.J.HARIKUMAR RESPONDENT/S: 1 THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN, 1, PARLIAMENT STREET, NEW DELHI-110001. 2 THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, REPRESENTED BY ITS CHAIRMAN, G-5 6, SECTOR-10, DWARAKA, NEW DELHI-110075. 3 THE DEPUTY COLLECTOR AND COMPETENT AUTHORITY(LA) FOR NATIONAL HIGHWAY-47(NH 66), COLLECOTRATE, KOLLAM-691013. 4 THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT (KERALA REGION), T.C.36/414(5), KOYIKKAL VEEDU, KAVU LANE, PALKULANGARA, THIRUVANANTHAPURAM-695024. R1 BY SRI.M.C.MONY, CGC BY SENIOR GOVERNMENT PLEADER, SRI.S.GOPINATHAN BY M/S.M.V.KINI & CO., SC, NHAI BY SRI.P.VIJAYAKUAMR, ASGI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.06.2020, ALONG WITH WP(C).29335/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -4-

PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 30TH DAY OF JUNE 2020 / 9TH ASHADHA, 1942 WP(C).No.29920 OF 2018(L) PETITIONER/S: BHASKARAN PILLAI, AGED 72 YEARS, S/O MADHAVAN PILLAI, AJITH BHAVAN, MYLAKKADU P.O., KOLLAM, PIN-691 571. BY ADV. J. HARIKUMAR RESPONDENT/S: 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN, 1, PARLIAMENT STREET, NEW DELHI -110 001 2 THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, REPRESENTED BY ITS CHAIRMAN, G-5 AND 6, SECTOR-10, DWARAKA, NEW DELHI-110 075. 3 THE DEPUTY COLLECTOR AND COMPETENT AUTHORITY (LA) FOR NATIONAL HIGHWAY-47(NH 66), COLLECTORATE, KOLLAM-691013. 4 THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA PROJECT IMPLENTATION UNIT (KERALA REGION), T.C.36/414(5), KOYIKKAL VEEDU, KAVU LANE, PALKULANGARA, THIRUVANANTHAPURAM-695024. R1 BY SMT.O.M.SHALINA, CGC R2, R4 BY ADV. I.SHEELA DEVI BY SENIOR GOVERNMENT PLEADER, SRI.S.GOPINATHAN BY M/S.M.V.KINI & CO., SC, NHAI BY SRI.P.VIJAYAKUAMR, ASGI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.06.2020, ALONG WITH WP(C).29335/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -5-

PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 30TH DAY OF JUNE 2020 / 9TH ASHADHA, 1942 WP(C).No.30227 OF 2018(C) PETITIONER/S: ABDULLAKUNJU, AGED 61 YEARS, S/O.SAINUDEENKUNJU, CIBIN PALACE, MYLAKKADU P.O, KOLLAM, PIN - 691 571. BY ADV. SRI.J.HARIKUMAR RESPONDENT/S: 1 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN, 1, PARLIAMENT STREET, NEW DELHI - 110001

2 THE NATINAL HIGHWAYS AUTHORITY OF INDIA, REP.BY ITS CHAIRMAN, G-5 AND 6, SECTOR-10, DWARAKA, NEW DELHI-110075. 3 THE DEPUTY COLLECTOR AND COMPETENT AUTHORITY (LA) FOR NATIONAL HIGHWAY-47(NH 66), COLLECTORATE, KOLLAM-691013. 4 THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT(KEARALA REGION), TC THIRUVANANTHAPURAM-695024.

R1 BY SMT.I. SHEELA DEVI, CGC R2, R4 BY ADV. M/S.M.V.KINI AND CO., SC, NHAI BY SENIOR GOVERNMENT PLEADER, SRI.S.GOPINATHAN BY SRI.P.VIJAYAKUAMR, ASGI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.06.2020, ALONG WITH WP(C).29335/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -6-

PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 30TH DAY OF JUNE 2020 / 9TH ASHADHA, 1942 WP(C).No.30249 OF 2018(E) PETITIONER/S: GOPALAKRISHNAN ACHARY, AGED 71 YEARS, S/O.KESAVAN ACHARY, LAKSHMI NILAYAM, MYLAKKADU P. O, KOLLAM, PINCODE- 691571. BY ADV. SRI.J.HARIKUMAR RESPONDENT/S: 1 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN, 1, PARLIAMENT STREET, NEW DELHI -110001. 2 THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, REPRESENTED BY ITS CHAIRMAN, G-5 AND 6, SECTOR - 10, DWARAKA, NEW DELHI - 110 075. 3 THE DEPUTY COLLECTOR AND COMPETENT AUTHORITY (LA) FOR NATIONAL HIGHWAY - 47 (NH 66), COLLECTORATE, KOLLAM - 691 013. 4 THE PROJECT DIRECTOR,NATIONAL HIGHWAY AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT (KERALA REGION), T C 36/414(5), KOYIKKAL VEEDU, KAVU LANE, PALKULANGARA, THIRUVANANTHAPURAM - 695 024. R2, R4 BY ADV. I.SHEELA DEVI BY SENIOR GOVERNMENT PLEADER, SRI.S.GOPINATHAN BY M/S.M.V.KINI & CO., SC, NHAI BY SRI.P.VIJAYAKUAMR, ASGI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.06.2020, ALONG WITH WP(C).29335/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -7-

PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 30TH DAY OF JUNE 2020 / 9TH ASHADHA, 1942 WP(C).No.32357 OF 2018(T) PETITIONER/S: TRESA ANTONY, AGED 69 YEARS, W/O. ANTONY THOMAS, FATIMA HOUSE, DOOR NO.8/21, SHAKTHIKULANGARA, KOLLAM - 691 581. BY ADV. HARIKUMAR J RESPONDENT/S: 1 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN, 1, PARLIAMENT STREET, NEW DELHI - 110 001.

2 THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, REPRESENTED BY ITS CHAIRMAN, G-5 AND 6, SECTOR - 10, DWARAKA, NEW DELHI - 110075. 3 THE DEPUTY COLLECTOR AND COMPETENT AUTHORITY (LA) FOR NATIONAL HIGH WAY - 47 (NH 66), COLLECTORATE, KOLLAM - 691013. 4 THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT (KERALA REGION), T C THIRUVANANTHAPURAM - 695024.

R1 BY SRI.ROJO JOSEPH THURUTHIPARA, CGC R2, R4 BY ADV. THOMAS ANTONY R2, R4 BY M/S.M.V.KINI AND CO., SC, NHAI BY SENIOR GOVERNMENT PLEADER, SRI.S.GOPINATHAN BY SRI.P.VIJAYAKUAMR, ASGI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.06.2020, ALONG WITH WP(C).29335/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -8-

PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 30TH DAY OF JUNE 2020 / 9TH ASHADHA, 1942 WP(C).No.32402 OF 2018(A) PETITIONER/S: 1 RADHABAI, AGED 61 YEARS, W/O. VENUGOPAL, RESIDING AT GOKULAM, RAMANKULANGARA NAGAR 101, KAVANADU P.O., KOLLAM, PIN CODE-691003. 2 ABDUL BASHEER, AGED 58 YEARS, S/O.AZEEZ, PROPRIETOR JANATA AGENCIES, SHAKTHIKULANGARA, KOLLAM, PINCODE-691 581. BY ADV. HARIKUMAR J. RESPONDENT/S: 1 THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN, 1, PARLIAMENT STREET, NEW DELHI-110001. 2 THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, REPRESENTED BY ITS CHAIRMAN, G-5 AND 6, SECTOR-10 DWARAKA, NEW DELHI 110 075 3 THE DEPUTY COLLECTOR AND COMPETENET AUTHORITY

(LA) FOR NATIONAL HIGHWAY-47(NH 66), COLLECTORATE, KOLLAM-691 013. 4 THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM-691 013.

5 THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT (KERALA REGIONA), T C 36/414(5), KOYIKKAL VEEDU, KAVU LANE, PALKULANGARA, THIRUVANANTHAPURAM-695 024. R1 BY SMT.MINI GOPINATH, CGC R2, R5 BY M/S.M.V.KINI AND CO., SC, NHAI BY SENIOR GOVERNMENT PLEADER, SRI.S.GOPINATHANBY SRI.P.VIJAYAKUAMR, ASGI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.06.2020, ALONG WITH WP(C).29335/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -9-

PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 30TH DAY OF JUNE 2020 / 9TH ASHADHA, 1942 WP(C).No.33186 OF 2018(W) PETITIONER/S: RAJENDRAPRASAD, AGED 72 YEARS, S/O. KUNJAN PILLAI, KALPAKA, MEVANAKKONAM, KALLUVATHUKKAL P O, KOLLAM, PIN CODE-691578. BY ADV. SRI.J.HARIKUMAR RESPONDENT/S: 1 THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN, 1, PARLIAMENT STREET, NEW DELHI-110001.

2 THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, REPRESENTED BY ITS CHAIRMAN, G-5 AND 6, SECTOR-10, DWARAKA, NEW DELHI-110075. 3 THE DEPUTY COLLECTOR AND COMPETENT AUTHORITY (LA) FOR NATIONAL HIGHWAY 47(N H 66), COLLECTORATE, KOLLAM- 691013. 4 THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT (KERALA REGION), T.C. THIRUVANANTHAPURAM-695024. R2, R4 BY ADV. SMT.I.SHEELA DEVI BY SENIOR GOVERNMENT PLEADER, SRI.S.GOPINATHAN BY SRI.P.VIJAYAKUAMR, ASGI

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.06.2020, ALONG WITH WP(C).29335/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -10-

PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 30TH DAY OF JUNE 2020 / 9TH ASHADHA, 1942 WP(C).No.33707 OF 2018(K) PETITIONER/S: JOSE MATHEW, AGED 45 YEARS, S/O.JOHN, MELEVEETTIL, KARAMCODE PO, CHATHANNOOR, KOLLAM, PINCODE-691579, AND PRESENTLY AT SHARJAH, UNITED ARAB EMIRATES. BY ADV. SRI.J.HARIKUMAR RESPONDENT/S: 1 THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN-1, PARLIAMENT STREET, NEW DELHI-110001.

2 THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, REPRESENTED BY ITS CHAIRMAN, G-5 AND 6, SECTOR-10, DWARAKA, NEW DELHI-110075. 3 THE DEPUTY COLLECTOR AND COMPETENT AUTHORITY (LA) FOR NATIONAL HIGHWAY-47(NH 66), COLLECTORATE, KOLLAM-691 013. 4 THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT (KERALA REGION), TC THIRUVANANTHAPURAM-695 024.

R1 BY SRI.S.BIJU, CGC R2-4 BY ADV. SRI.B.G.BIDAN CHANDRAN R2-4 BY ADV. SMT.R.ASALATHA VARMA R2-4 BY ADV. SRI.E.C.KURIAKOSE R3 BY SRI.RANJITH THAMPAN, ADDL.ADVOCATE GENERAL BY SENIOR GOVERNMENT PLEADER, SRI.S.GOPINATHAN BY ADV. SMT.I.SHEELA DEVI BY SRI.P.VIJAYAKUAMR, ASGI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.06.2020, ALONG WITH WP(C).29335/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -11-

PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 30TH DAY OF JUNE 2020 / 9TH ASHADHA, 1942 WP(C).No.33750 OF 2018(P) PETITIONER/S: MANJU R.S., AGED 41 YEARS, D/O SREEKUMARI, SREERAMABHAVAN, MEVANAKKONAM, KALLUVATHUKKAL PO, KOLLAM PIN 691 578. BY ADV. SRI.J.HARIKUMAR RESPONDENT/S: 1 THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN,1, PARLIAMENT STREET, NEW DELHI 110 001. 2 THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, REPRESENTED BY ITS CHAIRMAN, G-5 AND 6, SECTOR -10, DWARAKA, NEW DELHI-110075. 3 THE DEPUTY COLLECTOR AND COMPETENT AUTHORITY,

(LA) FOR NATIONAL HIGHWAY,47(NH 66), COLLECTORATE, KOLLAM-691013. 4 THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT (KERALA REGION), TC THIRUVANANTHAPURAM-695024. R2, R4 BY ADV. SMT.I.SHEELA DEVI BY SENIOR GOVERNMENT PLEADER, SRI.S.GOPINATHAN BY SRI.P.VIJAYAKUAMR, ASGI

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.06.2020, ALONG WITH WP(C).29335/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -12-

PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 30TH DAY OF JUNE 2020 / 9TH ASHADHA, 1942 WP(C).No.34669 OF 2018(G) PETITIONER/S: DR. JAGADAMMA K.N, AGED 71 YEARS, W/O.RANGANATHAN ACHARY, UDAYAPINAKKAL, UMAYANALLOOR PO, KOLLAM, PINCODE-691589. BY ADV. SRI.J.HARIKUMAR RESPONDENT/S: 1 THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN 1, PARLIAMENT STREET, NEW DELHI 110001.

2 THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, REPRESENTED BY ITS CHAIRMAN, G-5 AND 6, SECTOR-10, DWARAKA, NEW DELHI - 110 075. 3 THE DEPUTY COLLECTOR AND COMPETENT AUTHORITY (LA) FOR NATIONAL HIGHWAY-47(NH 66), COLLECTORATE, KOLLAM - 691 013. 4 THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT (KERALA REGION), T C THIRUVANANTHAPUAM - 695 024. R1 BY ADV. SMT.KRISHNA S., CGC R2, R4 BY ADV. SMT.I.SHEELA DEVI BY SENIOR GOVERNMENT PLEADER, SRI.S.GOPINATHAN BY SRI.P.VIJAYAKUAMR, ASGI

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.06.2020, ALONG WITH WP(C).29335/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -13-

PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 30TH DAY OF JUNE 2020 / 9TH ASHADHA, 1942 WP(C).No.34733 OF 2018(N) PETITIONER/S: THOMAS M.J., AGED 63 YEARS, S/O.JACOB, MULLATHANAM BUNGALOW, THAZHAM MIDDLE, CHATHANNOOR PO, KOLLAM, PIN CODE 691572 BY ADV. SRI.J.HARIKUMAR RESPONDENT/S: 1 THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN, I, PARLIAMENT STREET, NEW DELHI 110001 2 THE NATIONAL HIGHWAYS AUTHORITY OF INDIA REPRESENTED BY ITS CHAIRMAN, G-5 AND 6, SECTOR-10, DWARAKA, NEW DELHI-110075. 3 THE DEPUTY COLLECTOR AND COMPETENT AUTHORITY (LA) FOR NATIONAL HIGHWAY-47(N H 66), COLLECTORATE, KOLLAM- 691013. 4 THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT (KERALA REGION), T.C.36/414(5), KOYIKKAL VEEDU, KAVU LANE, PALKULANGARA, THIRUVANANTHAPURAM-695024. R1 BY SRI.T.V.VINU, CGC R2, R4 BY ADV. SMT.I.SHEELA DEVI BY SENIOR GOVERNMENT PLEADER, SRI.S.GOPINATHAN BY SRI.P.VIJAYAKUAMR, ASGI

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.06.2020, ALONG WITH WP(C).29335/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: =========================================================== W.P.(C).Nos.29335/2018, 29371/2018, 29889/2018, 29920/2018, ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 30th day of June, 2020

J U D G M E N T

In this bunch of writ petitions, the petitioners, whose land have been acquired for National Highway, mainly seek two prayers. Firstly, that no excess land other than the land notified under Section 3A of the National Highways Act, 1956 shall be taken away from them and, secondly that they should be paid compensation in accordance with the First, Second and Third Schedules of the the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013).

2. In regard to the first prayer, as rightly

pointed out by the learned counsel for the petitioners, no land in excess of the notification issued under Section 3A of the National Highways Act, 1956 can be taken over from the petitioners. It is a mandate under Section 3A to give a brief description of the land to be -:2:- acquired. If there is any omission in the description to include such land proposed to be taken over by the National Highways Authority of India (“NHAI” for short), NHAI will have to issue a fresh notification in that regard. Therefore, it is ordered that no land shall be taken over from the petitioners in excess of the notification issued under Section 3A. Ordered accordingly.

3. It is admitted at the Bar by the learned Standing Counsel for NHAI that a notification under Section 3D of the National Highways Act also has been published. That submission is recorded.

4. In regard to the second prayer - claim for

compensation, the Union Government, invoking the residuary power as conferred upon it under Section 113 of Act 30 of 2013, to remove any difficulty in giving effect to the provisions of Act 30 of 2013, issued an

order on 28.8.2015. This order came into force with

effect from 1.9.2015. The relevant portion of the said

order reads thus:

-:3:-

5. This Court in several judgments had held that

the competent authority has to award compensation in terms of the First Schedule of the Act 30 of 2013 and that the individual claim of parties also shall be adverted to in terms of Second Schedule and Third Schedule while determining compensation under Section 3G of the National Highways Act. Therefore, the competent authority is bound to award compensation under the First Schedule and consider claim under Second and Third Schedules based on the merit of such claim made by the evictees. With these observations and directions, the writ petitions will stand disposed. Sd/- A.MUHAMED MUSTAQUE, JUDGE ms -:4:- APPENDIX OF WP(C) 29335/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT DATED EXHIBIT P2 TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY THE ADICHANALLUR PANCHAYAT DATED 04/12/2017 EXHIBIT P3 TRUE COPY OF THE PAPER PUBLICATION IN MANORAMA DAILY DATED 10/03/2018. EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 27/07/2018 EXHIBIT P5 TRUE COPY OF THE SKETCH SHOWING THE AREA

NOTIFIED IN EXHIBIT P3 TO BE ACQUIRED FROM THE PROPERTY OF THE PETITIONER AND THE EXCESS AREA MARKED BY SURVEY AND PLANTING OF STONES BY THE OFFICIALS OF THE 3RD RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN WP(C) NO. EXHIBIT P8 TRUE COPY OF THE INTERIM ORDER DATED 20/8/2018 IN WP(C) NO. 27955/2018 OF THIS HON'BLE COURT. -5- APPENDIX OF WP(C) 29371/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE SETTLEMENT DEED NO.440 DATED EXHIBIT P2 TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY THE ADICHANALLUR PANCHAYAT DATED 31/03/2018. EXHIBIT P2 A TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY THE ADICHANALLUR PANCHAYAT DATED 31/03/2018. EXHIBIT P2 B TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY THE ADICHANALLUR PANCHAYAT DATED 31/3/2018. EXHIBIT P2 C TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY THE ADICHANALLUR PANCHAYAT DATED 31/03/2018. EXHIBIT P3 TRUE COPY OF THE PAPER PUBLICATION IN MANORMA DAILY DATED 10/03/2018. EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 27/07/2018. EXHIBIT P5 TRUE COPY OF THE SKETCH SHOWING THE AREA NOTIFIED

IN EXHIBIT P3 TO BE ACQUIRED FROM THE PROPERTY OF THE PETITIONER AND THE EXCESS AREA MARKED BY SURVEY AND PLANTING OF STONES BY THE OFFICIALS OF THE 3RD RESPONDENT. EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 10/08/2018. EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN WP(C) NO.16962/2018 OF THIS HONOURABLE COURT. EXHIBIT P8 TRUE COPY OF THE INTERIM ORDER DATED 20/08/2018 IN WP(C) NO.27955/2018 OF THIS HONOURABLE COURT. RESPONDENTS EXHIBITS: ANNEXURE R2(A) : TRUE COPY OF THE LAND ACQUISITION PLAN. ANNEXURE R3(A) : TRUE COPY OF THE ORDER NO.A1/243/18 DATED 11.09.2018. -6- APPENDIX OF WP(C) 29889/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT DATED EXHIBIT P2 TRUE COPY OF THE PAPER PUBLICATION IN MANORAMA DAILY DATED 10/3/2018. EXHIBIT P3 TRUE COPY OF THE SKETCH SHOWING THE AREA NOTIFIED IN EXHIBIT P2 OF THE PTO ACQUIRED FROM THE PROPERTY PETITIONER AND THE EXCESS AREA MARKED BY SURVEY AND PLANTING OF STONES BY THE OFFICIALS OF THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 10/08/2018. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER DATED 06/0-9/2018 IN WP(C)NO.29371/2018 OF THIS HONOURABLE COURT. -7- APPENDIX OF WP(C) 29920/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 3.2.2015. EXHIBIT P2 TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY THE ADICHANALLUR PANCHAYAT DATED 10.8.2015. EXHIBIT P3 TRUE COPY OF THE PAPER PUBLICATION IN MANORAMA DAILY DATED 10.3.2018. EXHIBIT P4 TRUE COPY OF THE SKETCH SHOWING THE AREA NOTIFIED

IN EXHIBIT P3 TO BE ACQUIRED FROM THE PROPERTY OF THE PETITIONER AND THE EXCESS AREA MARKED BY SURVEY AND PLANTING OF STONES BY THE OFFICIALS OF THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 10.8.2018. EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER DATED 6.9.2018 IN WPC NO.29371/2018 OF THIS HONOURABLE COURT. RESPONDENTS EXHIBITS: EXHIBIT R4(A) : TRUE COPY OF THE LETTER NO.NHAI/HQ/KERALA/DPR/NH-17&47/2015- M/S.SMEC INTERNATIONAL PVT.LIMITED. EXHIBIT R4(B) : TRUE COPY OF THE LETTER NO.PWD-D3/27/2016-PWD DATED 01.02.2017 ISSUED BY THE PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KERALA TO THE FOURTH RESPONDENT. EXHIBIT R4(C) : TRUE COPY OF THE RELEVANT EXTRACT OF S.O.NO.602(E), DATED 09.02.2018 PUBLISHED BY GOVERNMENT OF INDIA. EXHIBIT R4(D) : TRUE COPY OF THE APPROVED ALIGNMENT AT KOLLAM DISTRICT. EXHIBIT R4(E) : TRUE COPY OF THE APPROVED ALIGNMENT AT KOLLAM DISTRICT. -8- APPENDIX OF WP(C) 30227/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY O THE LAND TAX RECEIPT DATED 07.09.2018. EXHIBIT P2 TRUE COPY OF THE PAPER PUBLICATION IN MATHRUBHUMI DAILY DATED 10.03.2018. EXHIBIT P3 TRUE COPY OF THE SKETCH SHOWING THE AREA NOTIFIED

IN EXHIBIT P2 TO BE ACQUIRED FROM THE PROPERTY OF THE PETITIONER AND THE EXCESS AREA MARKED BY SURVEY AND PLANTING OF STONES BY THE OFFICIALS OF THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 10.08.2018. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER DATED 06.09.2018 IN WPC NO. 29371/2018 OF THIS HONOURABLE COURT. -9- APPENDIX OF WP(C) 30249/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT DATED EXHIBIT P2 TRUE COPY OF THE PAPER PUBLICATION IN MATHRUBHUMI DAILY DATED 10/03/2018. EXHIBIT P3 TRUE COPY OF THE SKETCH SHOWING THE AREA NOTIFIED

IN EXHIBIT P2 TO BE ACQUIRED FROM THE PROPERTY OF THE PETITIONER AND THE EXCESS AREA MARKED BY SURVEY AND PLANTING OF STONES BY THE OFFICIALS OF THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 10/08/2018. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER DATED 06/09/2018 IN WP(C) NO.29371/2018 OF THIS HONOURABLE COURT. RESPONDENTS EXHIBITS: EXHIBIT R4(A) : TRUE COPY OF ALIGNMENT PLAN PROPOSED IN THE PETITIONER'S STRETCH BETWEEN CH.505/200-CH.505/000 OF SY.NO.461/14 AND IN ADICHANALLOOR VILLAGE. EXHIBIT R4(B) : TRUE COPY OF RELEVANT EXTRACT OF THE S.O.NO.602 (E) DATED 09.02.2018 PUBLISHED IN GOVERNMENT GAZETTE. -10- APPENDIX OF WP(C) 32357/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 13/09/2017. EXHIBIT P2 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 11-09- 2017. EXHIBIT P3 TRUE COPY OF THE PAPER PUBLICATION IN MANORAMA DAILY DATED 10/03/2018. EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS NO. A2-137/18 (412) DATED 28/07/2018 OF THE THIRD RESPONDENT. EXHIBIT P5 TRUE COPY OF THE SKETCH SHOWING THE AREA NOTIFIED

-11- APPENDIX OF WP(C) 32402/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 19/03/2018. EXHIBIT P2 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED EXHIBIT P3 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED EXHIBIT P4 TRUE COPY OF THE LAND TAX RECEIPT DATED 20/08/2018 EXHIBIT P5 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 1-02- EXHIBIT P6 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 1-03- EXHIBIT P7 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED EXHIBIT P8 TRUE COPY OF THE PAPER PUBLICATION IN MANORAMA DAILY DATED 10/03/2018 EXHIBIT P9 TRUE COPY OF THE SKETCH EXHIBIT P10 TRUE COPY OF THE COMPLAINT THE 4TH RESPONDENT DATED EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED 25/09/2018 EXHIBIT P12 TRUE COPY OF THE INTERIM ORDER DATED 20/08/2018 EXHIBIT P13 TRUE COPY OF THE INTERIM ORDER DATED 20/08/2018 IN WP(C) NO. 27955/2018 OF THIS HONOURABLE COURT.

RESPONDENTS EXHIBITS: EXHIBIT R5(A) : LETTER TO M/S SMEC INTERNATIONAL PTY.LTD.DATED 27.06.2016. EXHIBIT R5(B) : GAZETTE NOTIFICATION DATED 04.12.2009. EXHIBIT R5(C) : COPY OF THE GOVERNMENT LETTER PWD-D3/27/2016-PWD DATED 01.02.2017. EXHIBIT R5(D) : GOVERNMENT OF INDIA GAZETTE NOTIFICATION DATED 09.02.2018. EXHIBIT R5(E) : COPY OF THE PLAN. -12- APPENDIX OF WP(C) 33186/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 22/06/2018. EXHIBIT P2 TRUE COPY OF THE PROPERTY TAX EXEMPTION RECEIPT DATED 21/02/2018. EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION S.O. 602(E) DATED 09/02/2018 UNDER SECTION 3 A (1) OF THE NATIONAL HIGHWAYS ACT PUBLISHED IN MATHRUBHUMI DAILY DATED 10/03/2018.

EXHIBIT P4 TRUE COPY OF THE NOTICE CALLING UPON THE PETITOINER TO ATTEND THE HEARING ON 09/04/2018. EXHIBIT P5 TRUE COPY OF THE SKETCH SHOWING THE AREA NOTIFIED IN EXHIBIT P3 AND THE EXCESS AREA MARKED BY SURVEY AND PLANTING OF STONES. EXHIBIT P6 TRUE COPY OF THE REPRESENTATION TO THE THIRD RESPONDENT DATED 05.10.2018. EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT, DATED 04/10/2018 IN W.P.(C) 32402/2018. RESPONDENTS EXHIBITS: EXHIBIT R4(A) : TRUE COPY OF ALIGNMENT PLAN PROPOSED IN THE PETITIONER'S STRETCH BETWEEN CH.513/300-CH.513/50 OF SY.NO.290/20 OF KALLUVATHUKKAL VILLAGE. EXHIBIT R4(B) : TRUE COPY OF RELEVANT EXTRACT OF THE S.O.NO.602 (E) DATED 09.02.2018 PUBLISHED IN GOVERNMENT GAZETTE. -13- APPENDIX OF WP(C) 33707/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 04.04.2018. EXHIBIT P2 TRUE COPY OF THE BUILDING PERMIT DATED 24/11/2016. EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION

S.O. 602(E) DATED 09/02/2018 UNDER SECTION 3A (1) OF THE NATIONAL HIGHWAYS ACT PUBLISHED IN MALAYALA MANORAMA DAILY DATED 10/3/2018.

EXHIBIT P4 TRUE COPY OF THE SKETCH SHOWING THE AREA NOTIFIED IN EXHIBIT P3 AND THE EXCESS AREA MARKED BY SURVEY AND PLANTING OF STONES. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION TO THE THIRD RESPONDENTS DATED 06/10/2018. EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT DATED 04/10/2018 IN W.P(C) NO. 32402/2018.

RESPONDENTS EXHIBITS: EXHIBIT R4(A) : LETTER TO M/S SMEC INTERNATIONAL PTY.LTD.DATED 27.06.2016. EXHIBIT R4(B) : GAZETTE NOTIFICATION DATED 04.12.2009. EXHIBIT R4(C) : COPY OF THE GOVERNMENT LETTER PWD-D3/27/2016-PWD DATED 01.02.2017. EXHIBIT R4(D) : COPY OF THE PLAN. -14- APPENDIX OF WP(C) 33750/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 9.10.2018. EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION S.O.602(E) DATED 9.2.2018 UNDER SECTION 3A(1) OF THE NATIONAL HIGHWAY ACT PUBLISHED IN MATHRUBHUMI DAILY DATED 10.3.2018.

EXHIBIT P3 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER DATED 20.3.2018 TO EXHIBIT P2 NOTIFICATION. EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 4.10.2018. EXHIBIT P5 TRUE COPY OF THE SKETCH SHOWING THE AREA NOTIFIED IN EXHIBIT P2 AND THE EXCESS AREA MARKED BY SURVEY AND PLANTING OF STONES. EXHIBIT P6 TRUE COPY OF THE REPRESENTATION TO THE THIRD RESPONDENT DATED 10.10.2018. EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER OF THIS HONOURABLE COURT DATED 4.10.2018 IN WPC.32402/2018. RESPONDENTS EXHIBITS: ANNEXURE R2(A) : TRUE COPY OF THE LAND ACQUISITION PLAN. -15- APPENDIX OF WP(C) 34669/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT DATED EXHIBIT P2 TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY THE THIRUVANANTHAPURAM CORPORATION DATED 03/08/2017. EXHIBIT P3 PROPERTY TAX RECEIPT DATED 03/01/2018 RELATING TO THE BUILDING BEARING DOOR NO.20/408 ISSUED BY THE MAYYANNADU GRAMA PANCHAYAT. EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE PAPER PUBLICATION IN MALAYALA MANORAMA DAILY DATED EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 16/10/2018 TO THE 3RD RESPONDENT. EXHIBIT P6 TRUE COPY OF THE SKETCH SHOWING THE AREA NOTIFIED

IN EXHIBIT P4 NOTIFIED TO BE ACQUIRED FROM TO BE ACQUIRED FROM THE PROPERTY OF THE PETITIONER TREATING IT AS LAND COMPRISED IN RESURVEY NO.179/2 AND THE EXCESS AREA MARKED BY SURVEY AND PLATING OF STONES BY THE OFFICIALS OF THE 3RD RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER OF THIS HONOURABLE COURT DATED 16/10/2018 IN WP(C) NO.33756/2018. -16- APPENDIX OF WP(C) 34733/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 11.10.2018. EXHIBIT P2 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 4.4.2018. EXHIBIT P2(A) TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 4.4.2018. EXHIBIT P2 B TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 4.4.2018. EXHIBIT P2 C TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 4.4.2018. EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE PAPER PUBLICATION IN MALAYALA MANORAMA DAILY DATED 10.3.2018 PUBLISHING S.O.602(E) DATED 9.2.2018. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 3.10.2018 TO THE 3RD RESPONDENT. EXHIBIT P5 TRUE COPY OF THE SKETCH SHOWING THE AREA MARKED BY SURVEY AND PLANTING OF STONES. EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER OF THIS HONOURABLE COURT DATED 16.10.2018 IN WPC NO.33750/2018.

Same Court & Year Kerala · 2020 Same Parties Gopalakrishna Pillai vs The Union of India Same Judge Honourable Mr. Justice a.Muhamed Mustaque