JUDGMENT

The petitioner has approached this Court with a singular plea that the 1st respondent – District Collector, be directed to consider his Ext.P3 representation, before passing an Award with respect to his property, which has been acquired for the purposes of the National Highway Authority of India (NHAI).

2. Smt.C.K.Sherin – learned counsel for the petitioner, submitted that her client has preferred Ext.P3 before the 1st respondent - District Collector, because he is in absolute possession and ownership over the property in question, but that he is still being denied eligible compensation. She thus prayed that the District Collector be also directed to pass an Award and to refer the same under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 'Fair Compensation Act’ for short), without any further delay.

3. Dr.K.P.Satheesan – learned Senior Counsel for the NHAI, opposed the afore submissions made on behalf of the petitioner, saying that this Writ Petition has been filed in haste and that the cause of action is premature. He submitted that Ext.P3 cannot be filed before the District Collector, who is the competent Arbitrator under the National Highways Act (hereinafter referred to as the 'NH Act', for short) and that it is the 3rd respondent – Special Deputy Collector, who is the Competent Authority for Land Acquisition (CALA for short) under the said Act, to take any decision on the various assertions of the petitioner and to pass an Award. He, therefore, prayed that this Writ Petition be dismissed.

4. Smt.Mable C. Kurian – learned Government Pleader, adopted the afore submissions of Dr.K.P.Satheesan, adding that the CALA is in the process of issuing Award and that she is not aware if, in the case of the petitioner, any Award has already been issued.

5. When I evaluate the afore submissions, it is without doubt that, going by the Statutory Scheme under the ‘NH Act’, the District Collector has no role to play before an Award is issued by the CALA. If the petitioner has any specific claims to be impelled, they must certainly place it before the CALA for appropriate action based on which, the said Authority can then issue an Award in terms of the 'NH Act'. In fact, he also seen to be aware of this since he says that he has approached the CALA through Ext.P3 application.

In the afore circumstances, I order this Writ Petition directing the CALA to take up and dispose of the application of the petitioner - as evidenced by Ext.P3 – after affording necessary opportunities of being heard to him, thus leading to appropriate Award/s being issued.

It also goes without saying that I have not considered the contentions of the petitioner on its merits and that they are all left open to be pursued appropriately before the CALA.

Sd/-

DEVAN RAMACHANDRAN JUDGE

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APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF DEATH CERTIFICATE OF PETITIONER'S FATHER ISSUED FROM PUNNAPRA – VANDANAM SHARAFUL ISLAM SANGAM DATED 07.01.2022.

EXHIBIT P2 TRUE COPY OF BUILDING TAX RECEIPT DATED

20.12.2021 ISSUED IN THE NAME OF PETITIONER'S FATHER LATE MOHAMMED KUNJU.

EXHIBIT P3 TRUE COPY OF REPRESENTATION DATED

12.01.2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE