Beefathu P.V vs The District Collector
2021 Latest Caselaw 5542 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

               THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

      TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942

                       W.P.(C) No.4180 OF 2020(V)

PETITIONER:
               BEEFATHU P.V.,
               AGED 72 YEARS, W/O.AKKALATH MOHAMEDHAJI,
               PALLIVALAPPIL, JAMEELA QUARTERS, EZHILODE P.O.,
               VIA CHERUTHAZHAM, KANNUR-670 309.

               BY ADVS.SRI.ABDUL RAOOF PALLIPATH
                       SRI.C.H.ABDUL RASAC
                       SRI.K.R.AVINASH (KUNNATH)
                       SRI. RAJ CAROLIN V.
                       SRI.E.MOHAMMED SHAFI

RESPONDENTS:
       1       THE DISTRICT COLLECTOR,
               KANNUR, PIN-670 002.

       2       THE SPECIAL DEPUTY COLLECTOR(LA) NHAI,
               TALIPARAMBA & COMPETENT AUTHORITY,
               1ST FLOOR, CIVIL STATION,
               TALIPARAMBA, KANNUR DISTRICT-670 141.

       3       THE SPECIAL TAHSILDAR, LA, NHAI,
               UNIT-II, 1ST FLOOR, CIVIL STATION,
               TALIPARAMBA, KANNUR DISTRICT-670 141.

       4       THE PROJECT DIRECTOR,
               THE NATIONAL HIGHWAY AUTHORITY OF INDIA,
               P.O.CIVIL STATION, KOZHIKODE-673 020.

       5       VANNADIL PUTHIYAPURAYIL SATHEESAN,
               BUILDING NO.XVII/181,
               CHERUTHAZHAM AMSOM EZHILODE DESOM,
               KANNUR DISTRICT-670 309.

       6       PREMAN PUTHALATH,
               BUILDING NO.XVII/184,
               CHERUTHAZHAM AMSOM EZHILODE DESOM,
               KANNUR DISTRICT-670 309.

       R4      BY ADV. SRI.MATHEWS K.PHILIP
       R5&R6   BY ADV. SRI.M.V.AMARESAN

       R1-R3   SMT.VIDHYA A.C., GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION     ON
16.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.4180 OF 2020(V)
                                 -2-


                             JUDGMENT

The petitioner, who was the owner in possession of a property

having an extent of 0.0092 Hectares (2.27 cents) in R.S.No.246/1A2

(246/6) in Cheruthazham Village with a building complex situated

therein, which was acquired for the purpose of widening National

Highway as per the notification dated 17.12.2013 issued under the

provisions of the National Highways Act, 1956, has filed this writ

petition under Article 226 of the Constitution of India seeking a writ

of mandamus commanding the respondents to release the

compensation amount awarded to the petitioner, within such time

this Court may deem fit. The petitioner has also sought for a writ of

mandamus commanding the 1st respondent to issue appropriate

orders as per the provisions under Section 3E(2)(b) of the National

Highways Act to get vacant possession of the remaining tenants in

the building acquired from the petitioner, within such time this Court

may deem fit.

2. On 14.02.2020, when this writ petition came up for

admission, notice before admission was ordered to respondents 5 and

6.

3. The learned Standing Counsel for National Highway

Authority of India has filed a statement on behalf of the 4 th W.P.(C) No.4180 OF 2020(V)

respondent.

4. Respondents 5 and 6, the tenants, who were occupying

two rooms in the building complex in question, filed counter affidavit,

contending that they are also entitled for appropriate compensation.

5. Heard the learned counsel for the petitioner, the learned

Government Pleader appearing for respondents 1 to 3, the learned

Standing Counsel for National Highway Authority of India for the 4 th

respondent and also the learned counsel for respondents 5 and 6.

6. During the course of arguments, the learned counsel for

the petitioner would submit that the petitioner has already been

disbursed with the amount of compensation and as such, the reliefs

sought for in this writ petition have become infructuous.

In such circumstances, recording the aforesaid submission

made by the learned counsel for the petitioner, this writ petition is

dismissed as infructuous; without expressing anything as to the claim

made by respondents 5 and 6 in their counter affidavit, and without

prejudice to their right to raise any claim, in accordance with law,

before the appropriate forum.

sd/-

ANIL K. NARENDRAN JUDGE bpr W.P.(C) No.4180 OF 2020(V)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RECEIPT ISSUED BY 2ND RESPONDENT DATED 20.08.2018.

EXHIBIT P2 TRUE COPY OF THE NOTICE NO.695/2018 (LAC NO.2485-107 ISSUED BY THE END RESPONDENT DATED 27.11.2019).

EXHIBIT P3 TRUE COPY OF THE NOTICE REF.A 695/18 LAC NO.(2485-107) ISSUED BY THE 2ND RESPONDENT DATED 27.11.2019.

RESPONDENTS' EXHIBITS: NIL