Against Judgment Dated ... vs By Adv
2021 Latest Caselaw 8536 Ker

Citation : 2021 Latest Caselaw 8536 Ker
Judgement Date : 15 March, 2021

Kerala High Court

Against Judgment Dated ... vs By Adv on 15 March, 2021

WA 485/2021                           1/5



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    Present:
          THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                      &
                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

              Monday,the 15th day of March 2021/24th Phalguna, 1942
     For information    purpose only
                WA No.485/2021
Against Judgment dated 26/06/2020 in WP(C) No.22724/2019 of this Court.
APPELLANT/6TH RESPONDENT
      NALUPURAPPATTIL MUHAMMED HAJI,AGED 73 YEARS
      S/O. AHAMMED KUNHI, RESIDING AT PADANNAKKAD, KANHANGAD
      VILLAGE, PADANNAKKAD P.O, KASARAGOD DISTRICT - 671314.

      BY ADV
      SRI.T.MADHU,
      SMT.CHANDRALEKHA SANU,
      SMT.C.R.SARADAMANI,
      SRI.P.AJAZ SHABEER &
      SRI.SHAHID AZEEZ.

RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 5

1.      SASIDHARAN.K.V,AGED 55 YEARS
      S/O. KUNHIKANNAN K.V, RESIDING AT SIVAM PARAMBATH,
      KUNHIMANGALAM, EDAT, KANNUR - 670327.
2.      UNION OF INDIA
      REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT
      AND HIGHWAYS,TRANSPORT BHAWAN, 1, PARLIAMENT STREET, NEW
      DELHI - 110001.
3.      THE STATE OF KERALA
      REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF
      PUBLIC WORKS, SECRETARIAT, THIRUVANANTHAPURAM - 695001.
4.      NATIONAL HIGHWAY AUTHORITY OF INDIA
      REPRESENTED BY ITS CHAIRMAN GG AND SECTOR 10, DWARAKA, NEW
      DELHI - 110075.
5.      DISTRICT COLLECTOR,
      KASARAGOD - 671001.
6.      SPECIAL DEPUTY COLLECTOR LA (NH)
      ANANGOOR, KASARAGOD AND COMPETENT AUTHORITY - 671001.
 WA 485/2021                             2/5

      Prayer for interim relief in the Writ Appeal stating that in the circumstances
stated in the appeal memorandum the High Court be pleased to stay the
operation,implementation and all further proceedings pursuant to the judgment
dated 26/6/2020 in WP(c)No.22724/2019 on the files of this Hon'ble
Court,pending disposal of the writ appeal, so as to secure the ends of justice.


      This Writ Appeal coming on for admission on 15.03.2021 upon perusing the
    For information purpose only
appeal memorandum, the court on the same day passed the following:-
                 S. MANIKUMAR, CJ & SHAJI P. CHALY, J

             -------------------------------------------------------

W.A No.485 of 2021

---------------------------------------------------------

Dated this the 15th day of March, 2021.

For information ORDERpurpose only

S. Manikumar, CJ

Being aggrieved by the decision in W.P.(C) No.22724/2019 dated

26.6.2020, by which a learned Single Judge, after considering the

provisions of the National Highways Act, 1956, directed to release 75% of

compensation amount to the landlord immediately after obtaining the

possession; writ court has further directed that the claim for compensation

by the tenant shall be decided within a period of two months after valuing

the improvements alleged to have been made by the petitioner/respondent

No.1, landlord has filed the instant writ appeal.

2. For brevity, paragraph No. 12 of the judgment in W.P.(C)

No.22724/2019 dated 26.6.2020 is reproduced:

" 12. In view of the fact that the landlord could not obtain the compensation on account of pendency of the writ petition around one year, it is appropriate to order release of 75% of compensation amount to the landlord immediately after obtaining the possession. The claim

for compensation by the tenant shall be decided within a period of two months after valuing the improvements alleged to have been made by the petitioner. Any other claim of the petitioner-tenant and the landlord-

respondent is left open. The petitioner also undertakes to clear the rent

For information purpose only arrears which are due from July 2019 at the rate of Rs. 15,700/- (Rupees fifteen thousand and seven hundred only) per month. The petitioner also submits that in the event, any failure, he has no objection that the rent being recovered by the landlord from the compensation amount if any payable to him. He undertakes that he will clear the rent arrears within a period of four weeks to the landlord.

The writ petition is disposed of as above."

2.Contending inter alia that the directions issued in W.P.(C)

No.22724/2019 were not implemented, Contempt Case No.11 of 2021 is

stated to have been filed. Thereafter, Special Deputy Collector LA(NH),

Kasaragod and Competent Authority, the 6 th respondent has passed an order

rejecting the claim of the tenant for compensation.

3. Submission has been made that adverting to the submissions made

in Contempt Case No.11 of 2021, writ court by order dated 3.3.2021, has

directed the the Special Deputy Collector LA(NH), Kasargod and Competent

Authority, 6th respondent, to revisit the matter and pass appropriate orders.

However, taking note of the grounds of challenge, we deem it fit to entertain

the writ appeal.