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2021 Supreme(Online)(KER) 7099

HIGH COURT OF KERALA
Devan Ramachandran, J
PONNAPPAN, – Appellant
Versus
STATE OF KERALA, – Respondent


Advocates:
M.NARENDRA KUMAR, M.J.SAJITHA, K.P.SATHEESAN (SR.), P.MOHANDAS (ERNAKULAM), K.SUDHINKUMAR, S.K.ADHITHYAN, SABU PULLAN, GOKUL D. SUDHAKARAN, SMT.K.AMMINIKUTTY, SR.G.P

JUDGMENT

The petitioner impugns Exts.P7 and P9 “Stop Memos”

issued by the 3rd respondent and the 2nd respondent, respectively. The petitioner says that he started construction of his building in an area which was left out after an acquisition made by the National Highway Authority of India (NHAI) and which remains useless, except if it is put to development in the manner which he now proposes.

2. The petitioner says that he, therefore, approached the Secretary of the 2nd respondent – Grama Panchayat to obtain Ext.P2 permit on 27.01.2020 and began construction in the property in question, after which alone, the final notification with respect to the acquisition – under Section 3-D of the National Highways Act (NH Act) – was published, as is evident from Ext.P8.

3. The petitioner says that the construction is almost complete, but that the 3rd respondent has now issued Ext.P7 alleging that the same is in violation of the applicable Statutes and Regulations relating to access to a National Highway. He alleges that, taking que from Ext.P7, the Secretary of the 2nd respondent – Grama Panchayat has now issued Ext.P9 asking him to cease construction activities. The petitioner contends that

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