Kerala High Court
Nalupurappattil Muhammed Haji vs Nalupurappattil Muhammed Haji on 22 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 22nd day of March 2021/1st Chaithra, 1943
For information purpose only
WA No.485/2021
Against judgment dated 26.06.2020 in WP(C) No.22724/2019 of this Court.
APPELLANT/6tTH RESPONDENT:-
NALUPURAPPATTIL MUHAMMED HAJI,AGED 73 YEARS
S/O. AHAMMED KUNHI, RESIDING AT PADANNAKKAD, KANHANGAD
VILLAGE, PADANNAKKAD P.O, KASARAGOD DISTRICT - 671314.
BY ADV,T.MADHU,SMT.CHANDRALEKHA SANU,SMT.C.R.SARADAMANI
SRI.P.AJAZ SHABEER AND 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.
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 26.06.2020.in W.P(C) No.
22724/2019 on the files of this Honourable court, pending disposal of the Writ Appeal, so as to
secure the ends of justice.
WA 485/2021 2/5
This Writ Appeal coming on for orders on 22.03.2021 upon perusing the appeal
memorandum, the court on the same day passed the following:-
For information purpose only
S.Manikumar, C.J.
&
Shaji P.Chaly, J.
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W.A.No.485 of 2021
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Dated this the 22nd day of March, 2021
For information purpose only
ORDER
S.Manikumar, C.J.
Being aggrieved by the directions issued in the judgment in W.P.
(C)No.22724 of 2019 dated 26.6.2020, instant writ appeal is filed.
Directions issued by the writ court are as hereunder:
"10. The Section 3(c) of the Act 30 of 2013 refers to affected
family. Affected family includes a building tenant as well (Section
3C(ii)). This was with a object to determine claim for rehabilitation
in accordance with the second schedule. Therefore, claim of the
tenant has to be considered with reference to the first schedule as
well as the second schedule. It depends upon the factual
circumstances of such claim. Thus, I hold that the tenant is also
entitled to claim the compensation.
11. The petitioner claims that he has carried out interior
decorations and additional decorations valuing more than Rupees
twenty lakhs. This claim has been refuted by the counsel for the
landlord. It is appropriate that an inventory of such improvements
is taken before the claim of the petitioner is decided.
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.
W.A.No.485 of 2021
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
For information purpose only
petitioner-tenant and the landlord-respondent is left open. The
petitioner also undertakes to clear the rent 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. "
2. Earlier, when the matter came up for hearing, it was brought to
the notice of this court that acting on the directions issued in W.P.
(C)No.22724 of 2019 dated 26.6.2020, the Special Deputy Collector LA
(NH), Kasaragod, the competent authority (respondent No.6 herein), has
passed an order and being aggrieved by the same, writ
petitioner/respondent No.1 herein filed Cont. Case (C)No.11 of 2021, in
which the writ court directed the Special Deputy Collector LA (NH),
Kasaragod, to reconsider the matter afresh.
3. On this day, when the matter came up for further hearing,
Mr.T.Madhu, learned counsel for the appellant/respondent No.6 in the writ
petition, submitted that arguments have been advanced in the contempt
W.A.No.485 of 2021
petition.
4. Question to be decided in the instant writ appeal is whether the
For information purpose only
tenant, who has made improvements in the building leased out to him by
the land owner, is entitled to claim compensation for such
improvements/constructions or other interior decorations, etc. When the
issue raised in this appeal is pending, it would not be appropriate to direct
the abovesaid official respondent to reconsider the matter.
Having regard to the grounds raised, we deem it fit to grant interim
stay of the operation of the judgment in W.P.(C)No.22724 of 2019 dated
26.6.2020.
Post on 7.4.2021.
Sd/-
S.Manikumar
Chief Justice
Sd/-
Shaji P.Chaly
Judge
vpv
/true copy/ Sd/- ASSISTANT REGISTRAR
