DEPUTY COLLECTOR - COMPETENT AUTHORITY Vs. JAYASREE

JUDGEMENT

(1.) The petitioner, who is the Competent Authority under the Petroleum and Minerals, Pipelines (Acquisition of Right of User in Land) Act , 1962 in connection with the laying of pipelines for the distribution of natural gas by M/s.GAIL (India) Ltd., has filed this writ petition under Article 226 of the Constitution of India seeking a writ of prohibition or any other appropriate writ, order or direction forbearing the II Addl. District Judge, Kozhikode from proceeding with O.P.No.297 of 2019. The petitioner has also sought for an appropriate writ, order or direction to quash Ext.P1 petition in so far as the same proceeds with an assessment of land value under sub-section (5) of Section 10 of the said Act; an appropriate writ, order or direction directing the II Addl. District Judge, Kozhikode to hear the maintainability of O.P.No.297 of 2019 as a preliminary issue, within a reasonable time as fixed by this Court; and a declaration that Ext.P1 has been filed without cause of action and hence liable to be rejected.

(2.) On 10.03.2020, when this writ petition came up for admission, this Court admitted the matter on file and issued urgent notice to the 1st respondent by speed post. The learned Standing Counsel took notice for the 2nd respondent. This Court granted an interim order staying further proceedings in O.P.No.297 of 2019 on the files of the II Addl. District Judge, Kozhikode. The said interim order is still in force.

(3.) The 2nd respondent, the Chief Manager of GAIL (India) Limited, has filed a statement through the learned Standing Counsel.