St.Thomas Orthodox Church vs District Collector & Others
2021 Latest Caselaw 15748 Ker

WP(C) NO. 27019 OF 2011                 1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
                          WP(C) NO. 27019 OF 2011
PETITIONER/S:
          ST.THOMAS ORTHODOX CHURCH
          CHALAKUDY, REP.BY ITS VICAR,, FR.K.M.KURIAKOSE,AGED
          66 YEARS,, S/O.MATHAI.

               BY ADVS.
               SRI.V.M.KRISHNAKUMAR
               SRI.M.V.ANANDAN
               SMT.P.R.REENA


RESPONDENT/S:
     1    DISTRICT COLLECTOR & OTHERS
          COLLECTORATE, THRISSUR PIN 680 003.

      2        NATIONAL HIGHWAY AUTHORITY OF INDIA
               REP.BY PROJECT DIRECTOR,CHANDRANAGAR,, PALAKKAD, PIN
               678 007.

      3        SPECIAL DEPUTY TAHSILDAR LA
               NATIONAL HIGHWAY DEVELOPMENT PROJECT,, AYYANTHOLE,
               THRISSUR, PIN 680 003.

               BY ADVS.
               GOVERNMENT PLEADER
               THOMAS ANTONY


OTHER PRESENT:

               SMT.SHEEJA.C.S., SR.GP, SRI.MATHEWS.K.PHILIP, SC FOR
               NHAI


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 27019 OF 2011                    2




                         P.V.KUNHIKRISHNAN, J
                   --------------------------------------------
                       W.P.(C.) No.27019 of 2011
                      --------------------------------------
                  Dated this the 30th day of July, 2021


                                 JUDGMENT

The above writ petition is filed with following prayers :

"i. Issue a writ in the nature of mandamus commanding the respondents to disburse of the amount awarded as per Ext.P1, within such time as may be fixed by this Hon'ble Court.

ii. Issue such other orders, writs or directions as are deemed fit by this Hon'ble Court.

iii. Award cost of this proceedings of the petitioners."

2. When this writ petition came up for consideration, the

Government Pleader submitted that the amount is already

deposited and when the statement was filed before this Court,

the sanction was not issued by the National Highway to release

the amount. The above statement was filed by the 2 nd

respondent on 24.2.2012. The relevant portion of the statement

is extracted hereunder :

"It is submitted that to satisfy the Ext.P1 award of the 1 st respondent, the 2nd respondent has deposited on 17-01-2012, a sum of Rs.15,78,526/- (Fifteen Lakhs Seventy Eight thousand Five hundred Twenty Six only) with the 3rd respondent. The 3rd respondent is to release the amount to the petitioner."

3. In the light of the above submission, I think there is

no further orders are necessary. If the amount is not obtained

by the petitioner, the petitioner is free to approach the 3 rd

respondent or other competent authority.

With these observations, this writ petition is closed.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX

PETITIONER'S EXHIBITS :

EXT.P1 TRUE COPY OF THE AWARD OF THE 1ST RESPONDENT DATED 28.2.2011

EXT.P2 TRUE COPY OF THE LETTER DATED 11.3.2011 OF THE 1ST RESPONDENT.

EXT.P3 TRUE COPY OF THE LETTER DATED 9.8.2011 OF SPECIAL DEPUTY

COLLECTOR.

RESPONDENT'S EXHIBITS        :     NIL