IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
WP(C) NO. 24686 OF 2022
PETITIONER:
SINDHU PRADEEP KUMAR
AGED 45 YEARS
W/O.V.P.PRADEEP KUMAR, VIRUTHISSERY HOUSE,
ENGADIYUR P.O., THRISSUR-680615.
BY ADVS.
P.SATHISAN
DONA AUGUSTINE
RESPONDENTS:
1 UNION OF INDIA
REP. BY SECRETARY, MINISTRY OF ROAD TRANSPORT &
HIGHWAYS, GOVERNMENT OF INDIA, CENTRAL DELHI P.O.,
NEW DELHI -110 001.
2 REGIONAL OFFICER,
NATIONAL HIGHWAYS AUTHORITY OF INDIA, REGIONAL OFFICE -
KERALA, T.C 86/1036-1, AMBLY ARCADE, S.N.N.R.A - 9,
PETTAH P.O, THIRUVANANTHAPURAM- 695 024.
3 THE PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT
IMPLEMENTATION UNIT- KOCHI, VII/511 B, NEITHELI
-MAVELIPURAM ROAD, MAVELIPURAM, KAKKANAD,
KERALA - 682030.
4 DIRECTOR GENERAL (ROAD DEVELOPMENT) & SPECIAL
SECRETARY, ROOM NO.213, MINISTRY OF ROAD TRANSPORT &
HIGHWAYS, TRANSPORT BHAVAN, 1, PARLIAMENT STREET,
CENTRAL DELHI P.O., NEW DELHI 110 001.
5 PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA (HEAD OFFICE),
DWARAKA SECTOR 10, SOUTH WEST DELHI P.O.,
NEW DELHI -110 075.
WP(C) NO. 24686 OF 2022
2
6 STATE OF KERALA,
REP. BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM P.O.,
PIN - 695 001.
7 SPECIAL DEPUTY COLLECTOR (LA) NH & COMPETENT
AUTHORITY, OFFICE OF NH 17, (KUTTIPPURAM-
EDAPPALLY), KODUNGALLOR P.O., THRISSUR-680664.
8 DISTRICT COLLECTOR,
THRISSUR, COLLECTORATE, CIVIL STATION, AYYANTHOLE,
THRISSUR-680003.
9 M/S MONARCH KURIES PVT. LTD.,
THIRSUR P.O., PIN: 680 001, REP. BY ITS CHAIRMAN,
V.V.VISWAMBHARAN, AGED 63 YEARS, S/O. VADEKKATTU
VARADARAJAN, OLLUR VILLAGE, ANCHERY DESOM.
SMT.DEEPA.V-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 24686 OF 2022
3
T.R. RAVI, J.
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W.P.(C) No.24686 of 2022
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Dated this the 10th day of August, 2022
JUDGMENT
When the case is taken up today it is submitted by the counsel for the petitioner that, Exts.P4 and P4(a) ex parte decrees have already been set aside and as such there is no necessity to withhold any amount. However, that is a matter which has to be decided while considering Ext.P6 application pending before the 7th respondent. The petitioner is entitled as per the award for an amount of Rs.83,50,744/- and even if Exts.P4 and P4(a) are sustained, the amount that could be withheld will be only around Rs.50 lakhs; is the contention.
In the above circumstances, this writ petition is disposed of, directing the 7th respondent to consider and pass orders on Ext.P6 application. The 7th respondent may decide on the amount that may have to be withheld for satisfaction of any claims and pay the balance amount to the petitioner. The amounts that are being withheld shall be deposited in an WP(C) NO. 24686 OF 2022 4 appropriate deposit, bearing interest. Orders shall be issued within six weeks from the date of receipt of a copy of this judgment. The 9th respondent is directed to produce the title deeds of the petitioner for the purpose of setting up their claim.
Sd/-
T.R.RAVI JUDGE mpm WP(C) NO. 24686 OF 2022 5 APPENDIX OF WP(C) 24686/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT NO.KL08040503373/2022 DATED 30.04.2022 ISSUED BY ENGADIYOOR VILLAGE.
Exhibit P2 TRUE COPY OF THE THE RELEVANT EXTRACT OF SECTION 3G AWARD NO.1/2021-D1/ENG/00773 DATED 30.06.2021.
Exhibit P3 TRUE COPY OF THE PLAINT IN OS 111/2019 FILED BEFORE THE HON'BLE SUB COURT, CHAVAKKAD.
Exhibit P4 TRUE COPY OF COPY OF EX PARTE DECREE PASSED BY THE HON'BLE SUB JUDGE CHAVAKKAD IN O.S.NO.111/2019 ON 24.01.2022. Exhibit P4(a) TRUE COPY OF EX PARTE DECREE PASSED BY THE HON'BLE MUNSIFF COURT OF CHAVAKKAD IN O.S.NO.1726/2013 ON 18.02.2015. Exhibit P5 TRUE COPY OF THE APPLICATION TO SET ASIDE THE EX PARTE DECREE IN O.S.NO. 111/2019 BEFORE THE HON'BLE SUB COURT, CHAVAKKAD. Exhibit P5(a) TRUE COPY OF APPLICATION TO SET ASIDE THE EX PARTE DECREE IN O.S.NO.1726 OF 2013 BEFORE THE HON'BLE MUNSIFF COURT, CHAVAKKAD.
Exhibit P6 TRUE COPY OF THE APPLICATION IN LAC NO.D1-
007773/2021 DATED 26.07.2022 SUBMITTED BY THE PETITIONER UNDER SEC 3H (3) OF NATIONAL HIGHWAYS ACT ALONG WITH RECEIPT.