THARAHAI CUTHBERT Vs. DISTRICT COLLECTOR, KANYAKUMARI DISTRICT

JUDGEMENT

(1.) This writ petition has been filed seeking a direction forbearing the respondents from forcibly taking possession of the land in Survey No.22/10A situated in Aloor B, Village, Kalkulam Taluk, Kanyakumari District except under the procedure established under Section 3E of the National Highways Act, 1956.

(2.) According to the petitioner, he is the owner of the above said property. Earlier, a notification said to have published by the 6th respondent under Section 3A(1) of the National Highways Act, 1956 (hereinafter called as the Act) and a notice was also issued to the petitioner's father by the second respondent on 24.08.2010 and the petitioner also raised his objections. But, the second respondent by an order dated 30.09.2010 rejected the objections filed by the petitioner and later on the 6th respondent published a notification dated 25.02011 under Section 3D of the Act. Thereafter, without issuing any notice to the petitioner, an award said to have been passed by the second respondent, and copy of the award was not served on him, the same was also not published under Section 3G(3) of the Act. According to the petitioner, he is running a gas filling station in the above premises. Now, the respondents without issuing any notice, under Section 3E(1) of the Act, are taking steps to demolish the gas filling station and forcibly taking possession of the land. Hence, the present writ petition has been filed.

(3.) Earlier, when the matter came up for admission, this Court, considering the submission made by the learned counsel appearing for the petitioner that as he is running gas filling station, he requires some time to vacate the premises, granted an order of status quo on 24.01.2018. Now, the 5th respondent filed a petition to vacate the interim stay, and by consent the writ petition itself taken up for final hearing.