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2026 Supreme(Online)(Ker) 18019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
ISMAIL – Appellant
Versus
THE UNION OF INDIA – Respondent
WP(C) NO. 13888 OF 2023
Important Points
Subject
Civil - Writ Petition
Headnote
Findings of Court:
The court called for the appellate authority to consider the appeal based on previous judgments.
Issues: The court examined whether the appellate authority would adequately address the merits of the compensation issue.
Ratio Decidendi: The directive to consider the earlier judgments in this matter highlights the adherence to established legal principles in compensation for land acquisition.
Result: The 9th respondent shall consider and pass orders on Ext.P3 appeal, within six months from today.
For the Appellants/Petitioners: SRI.ZUBAIR PULIKKOOL
For the Respondents: SHRI.R.V.SREEJITH, SCGC
| Table of Content |
|---|
| 1. compensation fixation for property acquisition (Para 1 , 2) |
| 2. direction to appellate authority for review (Para 3 , 4) |
JUDGMENT
The petitioner has approached this Court pointing out that his properties, including residential and commercial buildings, have been subjected to acquisition for the widening of National Highway 66, and compensation was also fixed and disbursed to the petitioner.
2. The counsel for the petitioner submits that the compensation awarded was incorrect and, therefore, he has filed Ext.P3 appeal before the 9th respondent. According to the petitioner, for the reasons highlighted by this Court in Exts.P1 and P2 judgments, the fixation of the compensation was incorrect and the appellate authority is to be directed to consider Ext.P3 in the light of the principles laid down in Exts.P1 and P2 judgments. In such circumstances, the petitioner has approached this Court seeking directions to the 9th respondent, the Appellate Authority, to consider Ext.P3 appeal in terms of Exts.P1 and P2 judgments of this Court.
3. In view of the limited nature of the prayer made as above, I dispose of this writ petition directing the 9th respondent herein to consider and pass orders on Ext.P3 appeal, if not already disposed of.
4. The 9th respondent shall also consider the question as to whether the petitioner is entitled to the benefit of Exts.P1 and P2 judgments while disposing of the appeal, as above. The orders shall be issued by the appellate authority as above, within a period of six months from today.
Sd/-
