IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
WP(C) NO. 11350 OF 2022
PETITIONER:
SATHYANANDAN M.G.,
AGED 75 YEARS
S/O.GOVINDAN, IYYANIMANDABULLI HOUSE, NATTIKA,
THRISSUR DISTRICT, PIN-680 566.
BY ADVS.
T.KRISHNANUNNI (SR.)
VINOD RAVINDRANATH
MEENA.A.
K.C.KIRAN
M.R.MINI
M.DEVESH
ASHWIN SATHYANATH
ANISH ANTONY ANATHAZHATH
THAREEQ ANVER K.
RESPONDENTS:
1 THE PROJECT DIRECTOR,
NATIONAL HIGHWAY AUTHORITY OF INDIA, KOZHIKODE-673 001.
2 THE DISTRICT COLLECTOR AND ARBITRATOR,
NHAI, THRISSUR, PIN-680 001.
3 THE SPECIAL DEPUTY COLLECTOR,
LAND ACQUISITION (NH 17), OFFICE OF THE SPECIAL DEPUTY
COLLECTOR (LA), NH 17, KODUNGALLUR, THRISSUR DISTRICT,
PIN-680 664.
4 THE SPECIAL TAHSILDAR (LA),
UNIT 4, OFFICE OF THE SPECIAL DEPUTY COLLECTOR (LA), NH
17, KODUNGALLUR, THRISSUR DISTRICT, PIN-680 664.
5 GOURI DEVI,
PARAPARAMBIL HOUSE, NATTIKA P.O., THRISSUR DISTRICT,
PIN-680 566.
W.P.(C). 11350 &18394/2022
2
6 SATHYAPRABHA GOVINDAN,
FLAT NO.101, SREE BHAGAVAN ELITE MANIPPAL COUNTRY
ROAD, BANGALORE, PIN-560 068.
7 REJU NANDAN M.G.,
MANDAMBULLY HOUSE, THRITHALOOR P.O., THRISSUR
DISTRICT, PIN-680 619.
BY ADV C.E.UNNIKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2022, ALONG WITH WP(C).18394/2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.P.(C). 11350 &18394/2022
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
WP(C) NO. 18394 OF 2022
PETITIONER/S:
SATHYANANDAN M. G.
AGED 75 YEARS
S/O. GOVINDAN, IYYANIMANDABULLI HOUSE, NATTIKA,
THRISSUR DISTRICT, PIN - 680 566.
BY ADVS.
T.KRISHNANUNNI (SR.)
VINOD RAVINDRANATH
K.C.KIRAN
M.R.MINI
M.DEVESH
ASHWIN SATHYANATH
ANISH ANTONY ANATHAZHATH
THAREEQ ANVER K.
MEENA.A.
RESPONDENT/S:
1 THE PROJECT DIRECTOR,
NATIONAL HIGHWAY AUTHORITY OF INDIA, KOZHIKODE 673
001.
2 THE DISTRICT COLLECTOR AND ARBITRATOR
NHAI, THRISSUR, PIN-680 001.
3 THE SPECIAL DEPUTY COLLECTOR
LAND ACQUISITION (NH 17), OFFICE OF THE SPECIAL
DEPUTY COLLECTOR (LA), NH 17, KODUNGALLUR, THRISSUR
DISTRICT, PIN - 680 664.
W.P.(C). 11350 &18394/2022
4
4 THE SPECIAL TAHSILDAR (LA)
UNIT 4, OFFICE OF THE SPECIAL DEPUTY COLLECTOR (LA),
NH 17, KODUNGALLUR, THRISSUR DISTRICT - 680 664.
5 GOURI DEVI
PARAPARAMBIL HOUSE, NATTIKA P. O., THRISSUR
DISTRICT, PIN - 680 566.
6 SATHYAPRABHA GOVINDAN
FLAT NO. 101, SREE BHAGAVAN ELITE MANIPPAL COUNTRY
ROAD, BANGALORE, PIN - 560 068.
7 REJU NANDAN M. G.
MANDAMBULLY HOUSE, THRITHALOOR P. O., THRISSUR
DISTRICT, PIN-680 619.
8 REGHU NANDANAN
S/O GOVINDAN, IYYANIMANDABULLI HOUSE, NATTIKA,
THRISSUR, PIN-680 566.
9 ACHUTHANANDAN
S/O GOVINDAN, IYYANIMANDABULLI HOUSE, NATTIKA,
THRISSUR, PIN-680 566.
ADDL.R10 PROJECT DIRECTOR
NATIONAL HIGHWAY AUTHORITY OF INDIA, KOCHI.
[IS SUO MOTU IMPLEADED AS ADDL.R10 AS PER ORDER
DATED 08.06.2022 IN WP(C)18394/2022.]
BY ADVS.
B.G.BIDAN CHANDRAN, SC, NATIONAL HIGHWAYS AUTHORITY
OF INDIA
GOVERNMENT PLEADER
C.E.UNNIKRISHNAN
VINAY MATHEW JOSEPH
M.P.PRABHAKARAN (PALAKKAD)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2022, ALONG WITH WP(C).11350/2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.P.(C). 11350 &18394/2022
5
JUDGMENT
[WP(C) Nos.11350/2022, 18394/2022] The controversy centres around the compensation for which the parties are entitled for acquisition of their property. The petitioner's prayer is to disburse the portion for which he is entitled immediately, while the party respondents contended that such an order cannot be passed at this juncture.
2. The learned Government Pleader submits, on instructions, that, compensation was determined under Section 3G(1) of the National Highway Act and notice under Section 3E(1) was issued calling upon the parties to produce their title deeds. In the meanwhile, the party respondents raised a claim for enhanced compensation and therefore, the 3 rd respondent deferred the proceedings on 02.08.2021. The parties have so far not produced their title deeds and the proceedings cannot be kept on hold indefinitely. Hence, if the parties are willing, they should appear before the authority immediately.
3. In the light of the above submission, I deem it appropriate to relegate the parties to appear before the 3 rd W.P.(C). 11350 &18394/2022 6 respondent at 10.30 a.m. on 08.07.2022. The contentions raised in these writ petitions are left open to be raised at the appropriate time, before the appropriate authority/forum.
The writ petitions are closed accordingly. Interim order in W.P.(C) No. 11350 of 2022 shall continue till the 3rd respondent takes a decision in the matter.
Sd/-
V.G.ARUN JUDGE sb W.P.(C). 11350 &18394/2022 7 APPENDIX OF WP(C) 18394/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTERED WILL DATED 01.01.1969 EXECUTED BY THE FATHER OF THE PETITIONER.
Exhibit P2 TRUE COPY OF THE NOTICE DATED NIL ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. Exhibit P2(a) TRUE COPY OF THE NOTICE DATED NIL ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. Exhibit P3 TRUE COPY OF THE NOTICE DATED 17.03.2022 ISSUED BY THE 4TH RESPONDENT.
Exhibit P4 TRUE COPY OF THE WRITTEN SUBMISSIONS DATED 21.03.2022 BEFORE THE 4TH RESPONDENT BY THE PETITIONER.
Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 21.03.2022 BEFORE THE 4TH RESPONDENT. Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 21.03.2022 BY THE 9TH RESPONDENT BEFORE THE 4TH RESPONDENT.
Exhibit P7 TRUE COPY OF THE COMMUNICATION DATED 12.04.2022 ISSUED BY THE A.E.O, VALAPPAD. RESPONDENT EXHIBITS Exhibit R7 A A TRUE COPY OF THE NOTICE NO.LAC:
E4/NAT/006964/21 DATED 17/3/2022 RECEIVED BY THE 7TH RESPONDENT.
Exhibit R7 B A TRUE COPY OF THE LETTER DATED 21/03/2022 Exhibit R7 C A TRUE COPY OF THE NOTICE RECEIVED BY THE 5TH RESPONDENT.
Exhibit R7 D A TRUE COPY OF THE LETTER DATED 21/3/2022 W.P.(C). 11350 &18394/2022 8 APPENDIX OF WP(C) 11350/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTERED WILL DATED 01.01.1969 EXECUTED BY THE FATHER OF THE PETITIONER Exhibit P2 TRUE COPY OF THE NOTICE DATED NIL ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. Exhibit P2 (a) TRUE COPY OF THE NOTICE DATED NIL ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. Exhibit P3 TRUE COPY OF THE DATED 17.03.2022 ISSUED BY THE 4TH RESPONDENT.
Exhibit P4 TRUE COPY OF THE WRITTEN SUBMISSIONS DATED 21.03.2022 SUBMITTED BEFORE THE 4TH RESPONDENT BY THE PETITIONER.