Kerala High Court
Baby Kutty @ Mariyamma Joy vs The Tahsildar (L.A)(N.H) on 17 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942
WP(C).No.14201 OF 2020(A)
PETITIONER:
BABY KUTTY @ MARIYAMMA JOY,
AGED 59 YEARS
D/O.ACHAMMA, ALAN VILLA, KANICHANALLOOR P.O.,
MUTTOM.
BY ADVS.
SRI.R.SUNIL KUMAR
SMT.A.SALINI LAL
SHRI.ARUN KRISHNA
RESPONDENTS:
1 THE TAHSILDAR (L.A)(N.H)
OFFICE OF SPECIAL TAHSILDAR, LA(NH), NUMBER-1,
TALUK OFFICE, HARIPPAD-690 514.
2 KUNJUMOL.A.
D/O.ELIYAMMA THOMAS, ALAYKKAL PUTHEN VEEDU,
KAYAMKULAM, CHIRAKKADAVU MURI, KAYAMKULAM.
R2 BY ADV. SRI.GEORGE
VARGHESE(PERUMPALLIKUTTIYIL)
R2 BY ADV. SRI.A.R.DILEEP
R2 BY ADV. SRI.P.J.JOE PAUL
R2 BY ADV. SRI.MANU SRINATH
R2 BY ADV. SRI.RAJAN G. GEORGE
SMT K.AMMINIKUTTY-SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)No.14201 of 2020
2
JUDGMENT
The petitioner has filed this writ petition under Article 226 of
the Constitution of India, seeking a writ of mandamus
commanding the 1st respondent Tahasildar not to disburse the
amount due to the 2nd respondent for the land acquired in
Re.Sy.No.54, having an extent of 0.0132 Sq.Meter as per
S.O.No.796(E) dated 11.02.2019, the notification mentioned in
Ext.P2, until the disposal of O.S.No.323 of 2019 pending before
the Munsiff's Court, Kayamkulam.
2. On 15.02.2021, when this writ petition came up for
admission, the learned Government Pleader took notice on
admission for the 1st respondent. Urgent notice on admission by
speed post was ordered to the 2 nd respondent, returnable within
three weeks. The learned Government Pleader was directed to
get instructions.
3. On 10.03.2021, when this writ petition came up for
consideration, the learned counsel for the party respondents
pointed out the provisions under Section 3H of the National
Highways Act, 1956. The learned counsel for the petitioner
WP(C)No.14201 of 2020
sought adjournment.
4. Heard the learned counsel for the petitioner, the
learned Senior Government Pleader appearing for the 1 st
respondent and also the learned counsel for the 2nd respondent.
5. Section 3H of the National Highways Act, 1956 deals
with deposit and payment of amount. As per sub-section (3) of
Section 3H, where several persons claim to be interested in the
amount deposited under subsection (1), the competent authority
shall determine the persons who in its opinion are entitled to
receive the amount payable to each of them. As per sub-section
(4) of Section 3H, if any dispute arises as to the apportionment
of the amount or any part thereof or to any person to whom the
same or any part thereof is payable, the competent authority
shall refer the dispute to the decision of the principal civil court of
original jurisdiction within the limits of whose jurisdiction the land
is situated.
6. After arguing for some time, the learned counsel for
the petitioner seeks permission to withdraw this writ petition,
without prejudice to the right of the petitioner to approach the
WP(C)No.14201 of 2020
competent authority, invoking the aforesaid provisions under
Section 3H of the National Highways Act.
Recording the above submission made by the learned
counsel for the petitioner, this writ petition is dismissed as
withdrawn, without prejudice to the aforesaid right of the
petitioner.
Sd/-
ANIL K. NARENDRAN
JUDGE
yd
WP(C)No.14201 of 2020
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 COPY OF THE PLAINT IN OS NO.323/2019
MUNSIFF'S COURT, KAYAMKULAM.
EXHIBIT P2 COPY OF THE LETTER RECEIVED UNDER THE
RIGHT TO INFORMATION ACT ALONG WITH THE
LIST OF PROPERTIES ACQUIRED FOR
WIDENING OF NH-66 DATED 01.07.2020.
RESPONDENTS' EXHIBITS:NIL
TRUE COPY
P.A. TO JUDGE
