Amina Sheik vs The Special Tahasildar(Land ...
2021 Latest Caselaw 13865 Ker

WP(C) NO. 13143 OF 2021         1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
     TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
                    WP(C) NO. 13143 OF 2021
PETITIONER/S:

    1     AMINA SHEIK
          AGED 46 YEARS
          WIDOW OF LATE MOHAMED AFSAL, RESIDING AT MUBARAK
          MANZIL, BAPPAYITHOTTI, UPPALA,
          KASARAGOD DISTRICT, PIN-671 327.

    2     MOHAMMED DHANISH
          AGED 23 YEARS
          S/O. LATE MOHAMED AFSAL, RESIDING AT MUBARAK MANZIL,
          BAPPAYITHOTTI, UPPALA, KASARAGOD DISTRICT,
          PIN-671 327.

    3     MOHAMMED AIMAN
          AGED 16 YEARS
          (MINOR), S/O. LATE MOHAMED AFSAL,
          RESIDING AT MUBARAK MANZIL, BAPPAYITHOTTI, UPPALA,
          KASARAGOD DISTRICT, PIN-671 327,
          REPRESENTED BY GUARDIAN 2ND PETITIONER MOHAMMED
          DHANISH (BROTHER)

    4     U.K.YOOSUF
          AGED 50 YEARS
          S/O. ABDUL RAHIMAN, RESIDING AT U.K. PALACE,
          UPPALA, KASARAGOD DISTRICT, PIN-671 327.

          BY ADV P.K.MUHAMMED



RESPONDENT/S:

    1     THE SPECIAL TAHASILDAR(LAND ACQUISITION)
          NATIONAL HIGHWAY UNIT-V, CIVIL STATION P.O.,
          KASARAGOD, PIN-671 121.

    2     THE SPECIAL DEPUTY COLLECTOR (LAND ACQUISITION)
          NATIONAL HIGHWAY AND COMPETENT AUTHORITY, CIVIL
          STATION P.O., KASARAGOD, PIN-671 121.
 WP(C) NO. 13143 OF 2021      2


          SMT K AMMINIKUTTY, SR GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13143 OF 2021             3

                                 JUDGMENT

Late Sri. Mohammed Afsal was the absolute owner in title and

possession of property comprised in Re-Sy. No. 129/6 (After survey 129/8)

of Uppala Village, Kasaragod. The said property was acquired for the

purpose of widening the National Highway and Ext.P2 award was passed on

26.9.2020. Immediately thereafter, the aforesaid Mohammed Afsal was

requested by Ext.P1 notice to produce the original documents and other

records to substantiate that he is entitled to receive the compensation. The

petitioner contends that Mohammed Afsal had passed away on 13.9.2020 as

is evident from Ext.P3 and that the petitioners 1 to 3 are his legal heirs. It

is further contended that the 4th petitioner had purchased ½ portion of the

property as per Ext.P5 document executed by Hashmathunnisa, on

23.8.2016 and he is entitled to ½ right over the property. Reliance is

placed on Exts.P6 to P9 to substantiate the said contention. According to

the petitioners, since Exts.P1 and P2 proceedings were issued to a person

who is now no more, the petitioners were not aware of the same. When

they came to know about the acquisition proceedings, the petitioners

submitted Ext.P10 representation on 9.6.2021 before the 2nd respondent

requesting for disbursal of compensation to the petitioners by awarding

50% of the amount due to the petitioners 1 to 3 and the balance 50% to

the 4th respondent. Their grievance is that though Ext.P10 was submitted

on 9.6.2021, no action has been taken on the same. It is in the above

backdrop that the petitioners are before this Court seeking a direction to the

2nd respondent to consider and dispose of Ext.P10 petition in accordance

with law and in an expeditious manner.

2. The learned Government Pleader on instructions submitted that

it is one thing to say that the petitioners 1 to 3 are the legal heirs of the

deceased Mohammed Afsal, but it is yet another thing to say that the 4th

petitioner is entitled to 50% share of the compensation amount. It is

further contended that Section 3H would enable the competent authority to

determine the person/s who are entitled to receive the amount payable to

each of them. Furthermore, sub-clause (4) of Section 3H of the National

Highways Act, 1956 states that if there is any dispute as to the

apportionment of the amount, the dispute would be referred to the Principal

Civil Court of original jurisdiction.

3. I have considered the submissions. It appears that Ext.P1 and

P2 have been issued in the name of a person who is now no more. Ext.P3

and P4 certificates substantiate the fact that Mohammed Afsal had passed

away on 13.9.2020. The petitioners 1 to 3 claim that they are the wife and

children and the 4th petitioner claims that he has acquired ½ right on the

strength of Ext.P5 sale deed. These are matters which can be considered

by the competent authority while invoking powers under Section 3H.

Necessary directions can be issued to the competent authority to consider

Ext.P10, which is styled as an application for impleadment and take a

decision.

In the result, this writ petition will stand disposed of directing the

2nd respondent to take up, consider and pass expeditious orders on Ext.P10

application filed by the petitioners, with notice to them and strictly in

accordance with law. Orders shall be passed expeditiously, in any event,

within a period of three months from the date of production of a copy of

this judgment.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE ps

APPENDIX OF WP(C) 13143/2021

PETITIONERS EXHIBITS:

EXHIBIT P1 TRUE PHOTOCOPY OF THE NOTICE DATED 26.9.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2 TRUE PHOTOCOPY OF AWARD IN LAC NO.138/UPPALA VILLAGE DATED 26.9.2020 OF THE 2ND RESPONDENT.

EXHIBIT P3 TRUE PHOTOCOPY OF THE DEATH CERTIFICATE DATED 6.10.2020 ISSUED BY THE CHIEF REGISTRAR OF BIRTHS AND DEATHS, CORPORATION OF THE CITY OF MANGALORE.

EXHIBIT P4 TRUE PHOTOCOPY OF THE LEGAL HEIR CERTIFICATE BEARING NO.RDOO38847357799 ISSUED TO THE PETITIONERS 1 TO 3 ALONG WITH ITS TRUE ENGLISH TRANSLATION.

EXHIBIT P5 TRUE PHOTOCOPY OF SALE DEED NO.3232/2016 DATED 23.8.2013 ALONG WITH ITS TRUE ENGLISH TRANSLATION OF RELEVANT PAGES.

EXHIBIT P6 TRUE PHOTOCOPY OF LAND TAX RECEIPT DATED 29.5.2018 FOR RS.93/893/- ISSUED FROM THE VILLAGE OFFICE, UPPALA IN THE JOINT NAMES OF LATE MOHAMMED AFSAL AND 4TH PETITIONER.

EXHIBIT P7 TRUE PHOTOCOPY OF LAND TAX RECEIPT DATED 30.11.2018 FOR RS.1,89,247/- ISSUED FROM THE VILLAGE OFFICE, UPPALA IN THE JOINT NAMES OF LATE MOHAMMED AFSAL AND 4TH PETITIONER.

EXHIBIT P8 TRUE PHOTOCOPY OF LAND TAX RECEIPT DATED 24.4.2019 FOR RS.85/- ISSUED FROM THE VILLAGE OFFICE, UPPALA IN THE NAME OF MOHAMMED AFSAL.

EXHIBIT P9 TRUE PHOTOCOPY OF LAND TAX RECEIPT DATED 24.4.2019 FOR RS.45/- ISSUED FROM THE VILLAGE OFFICE, UPPALA IN THE NAME OF 4TH PETITIONER.

EXHIBIT P10 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 9.6.2021 SUBMITTED BY PETITIONERS BEFORE THE 2ND RESPONDENT.

RESPONDENTS EXHIBITS:NIL