Deputy Collector & Competent Authority vs The Gail (India) Ltd on 29 June, 2026

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    Anil K. Narendran, J.

    SPONSORED

    These writ appeals are filed by the 1st respondent in

    W.P.(C)No.13664 of 2025 and W.P.(C)No.14191 of 2025, namely,

    the Deputy Collector and Competent Authority under the

    Petroleum and Minerals Pipelines (Acquisition of Right of User in

    Land) Act, 1962, invoking the provisions under Section 5(i) of the

    Kerala High Court Act, 1958, challenging the common judgment

    dated 03.12.2025 of the learned Single Judge in those writ

    petitions filed by 1st respondent herein-Gas Authority of India

    Limited (GAIL), represented by its General Manager, invoking the

    extraordinary jurisdiction of this Court under Article 226 of the

    Constitution of India.

    2. W.P.(C)No.13664 of 2025 was filed by GAIL, seeking a

    writ of certiorari to quash Ext.P11 communication dated

    10.08.2024 and Ext.P12 communication dated 18.09.2024 of the

    Competent Authority; a declaration that the Competent Authority

    lacks jurisdiction to conduct an inquiry under sub-section (3) of

    Section 9 of the Petroleum and Minerals Pipelines (Acquisition of

    Right of User in Land) Act, 1962 and hence Exts.P11 and P12 are

    without jurisdiction; a writ of mandamus commanding the
    W.A.Nos.3227 of 2025 & 1 of 2026 6 2026:KER:46837

    Competent Authority to file an application based on Ext.P8

    proforma report before the court of competent jurisdiction, as

    provided in sub-section (3) of Section 9 of the said Act. Along with

    the writ petition, the petitioner-GAIL produced Exts.P1 to P14.



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