IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 293 of 2010(P)
1. HASNA, W/O. MAHAMMOOD,'HASNAS',
... Petitioner
2. JASIR AHAMMED.M.C,S/O.MAHAMMOOD,
3. SABITHA.K.P,W/O.AHAMMED,
Vs
1. THE GENERAL MANAGER, NATIONAL HIGHWAY
... Respondent
2. THE CHIEF ENGINEER(NATIONAL HIGHWAY)
3. THE DISTRICT COLLECTOR, KANNUR.
4. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SMT.K.K.CHANDRALEKHA
For Respondent :SRI.THOMAS ANTONY
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :17/06/2010
O R D E R
ANTONY DOMINIC, J.
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R.P.No.293/2010 in WPC.No.4943/2010(P)
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Dated this the 17th day of June, 2010
O R D E R
Heard the Standing counsel appearing for the respondents 1
and 2.
2. Writ petition was filed praying for a direction to the
respondent to consider the alternate proposal made by the writ
petitioner. By judgment dated 10th February, 2010, case was
disposed of on the basis that the acquisition in question is under
the provisions of the National Highways Act, 1956 and that the
petitioner has to raise his objections once notification under
Section 3A is issued.
3. However, it is now disclosed that the acquisition in
question is not under the National Highways Act and is under the
Land Acquisition Act. In view of this, the judgment rendered is
vitiated for an error apparent on the face of it.
4. Therefore, the review is allowed and the judgment is
recalled.
Post the Writ Petition for admission.
(ANTONY DOMINIC)
WPC.No. /09
:2 :
JUDGE
vi/