Radha Narsinha vs The District Collector, Trissur
2021 Latest Caselaw 19041 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943
                        WP(C) NO. 10639 OF 2018
PETITIONER:

          RADHA NARSINHA
          AGED 61 YEARS
          W/O.IYER NARSINHA SUBRAMANYAM,AGED 61 YEARS, B-14,
          CHOICE GARDEN APARTMENTS, TOCH SCHOOL ROAD,
          VYTTILA P O, COCHIN-19.

          BY ADVS.
          SMT.K.V.RESHMI
          SMT.J.DEEPTI



RESPONDENTS:

    1     THE DISTRICT COLLECTOR, TRISSUR

    2     THE SPECIAL DEPUTY COLLECTOR (LA)
          NH-17, KUTTIPPURAM-EDAPPALLY, KODUNGALLUR, PIN-680664.



          BY ADV.

          SMT.VIDYA KURIAKOSE, GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10639 OF 2018
                             2

                          JUDGMENT

Deceased mother of the petitioner was in absolute

possession and enjoyment of 0.0587, 0.0060 hectors of

land in Sy.No.128/3, 128/5 of Methala Village,

Kodungallur Taluk. The Government of India as part

of the National Infrastructure Development Programme

decided to widen the National Highway as four lane

and six lane roads with service roads, flyovers and bus

bays and for that purpose acquired the property. In

Thrissur the 2nd respondent herein was made the

competent authority in respect of national highway and

the 1st respondent was made the Arbitrator. The 2nd

respondent went ahead with the land acquisition

proceedings as contemplated in the National Highways

Act, 1956 and 14 cents of dry land with a residential

building belonging to the mother of the petitioner was

acquired. As part of the proceedings, 2 nd respondent

fixed the land value of the dry land as Rs.3,41,600/- per

Are. Accordingly, deceased mother of the petitioner, WP(C) NO. 10639 OF 2018

while she was alive received Rs.34,40,471/- as value of

the land so acquired. According to the petitioner, she

is the power of attorney holder of the deceased mother

while she was alive. Being dissatisfied by the

compensation awarded by the acquisition authority, the

2nd respondent herein, the mother of the petitioner

moved for arbitration before the 1 st respondent seeking

enhancement of the compensation. During the course

of the proceedings the mother passed away and

accordingly the petitioner herein was impleaded as

additional claimant No.4. The petitioner is relying in

Ext.P1 registered will executed in favour of the

petitioner by her deceased mother. The arbitration

proceedings that is pending before the 1 st respondent

culminated in an award and Ext.P2 is the award. The

grievance of the petitioner is that the amount covered

by Ext.P2 is not disbursed to the petitioner even after

the production of Ext.P1 will. Hence this writ petition

is filed with following prayers:

WP(C) NO. 10639 OF 2018

"i) To issue a Writ of Mandamus or any other appropriate Writ, Order or direction directing the respondent No:2 to release/issue cheque towards the amounts covered in Ext.P2 award passed by the 1st respondent to the petitioner herein accepting the Ext.P1 registered will, forthwith, ii To issue a Writ of Certiorari or any other appropriate Writ, Order or direction calling for the records pertaining to Ext.P7 and P8 and to quash that part of the same asking the petitioner to produce the succession certificate from the court, legal heirship certificate etc for accepting the award amount granted by the 1st respondent through Ext.P2 award.

iii To grant such the relief sought from time to time including the cost of this proceeding."

2. Heard the learned counsel for the petitioner and

the learned Government Pleader.

3. The Counsel for the petitioner reiterated her

contention in the writ petition and submitted that in the

light of Ext.P1 will executed by the mother of the

petitioner, she is entitled the amount awarded by the

arbitrator as per Ext.P2. The Government Pleader

submitted that there is a dispute among the legal heirs of

deceased mother and in such circumstances, the competent

authority can only refer the matter to the court.

4. After hearing both sides, I think this writ petition WP(C) NO. 10639 OF 2018

can be disposed directing the competent authority to refer

the matter to the court as per Section 3 H(4) & (6) of the

National Highway Act. Section 3H of the National Highway

Act is extracted hereunder:

"3H. Deposit and payment of amount.-(1) The amount determined under section 3G shall be deposited by the Central Government in such manner as may be laid down by rules made in this behalf by that Government, with the competent authority before taking possession of the land.

(2) As soon as may be after the amount has been deposited under sub-section (1), the competent authority shall on behalf of the Central Government pay the amount to the person or persons entitled thereto.

(3) Where several persons claim to be interested in the amount deposited under sub-section (1), the competent authority shall determine the persons who in its opinion are entitled to receive the amount payable to each of them.

(4) 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.

(5) Where the amount determined under section 3G by the arbitrator is in excess of the amount determined by the competent authority, the arbitrator may award interest at nine per cent per annum on such excess amount from the date of taking possession under section 3D till the date of the actual deposit thereof.

(6) Where the amount determined by the arbitrator is in excess of the amount determined by the competent authority, the excess amount together with interest, if any, awarded under sub-section (5) shall be deposited by the Central Government, in such manner as may be laid down by rules made in this WP(C) NO. 10639 OF 2018

behalf by that Government, with the competent authority and the provisions of sub-sections (2) to (4) shall apply to such deposit."

5. As per 3H(4), if any dispute arise 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 jurisdiction within the limits of

whose jurisdiction the land is situated. In the light of such

a specific provision, I think the matter is to be referred to

the court forthwith. Therefore this writ petition can be

disposed directing the competent authority to refer the

matter to the court.

Hence, this writ petition is disposed in the following

manner:

(a) The competent authority among the respondents

is directed to refer the matter to the principal civil court of

original jurisdiction forthwith, at any rate within one month

from the date of receipt of a copy of this judgment.

(b) All the contentions of the petitioner in this writ WP(C) NO. 10639 OF 2018

petition are left open and the petitioner is free to agitate

her contention before the competent court in accordance to

law.

Sd/-

P.V.KUNHIKRISHNAN JUDGE scs WP(C) NO. 10639 OF 2018

APPENDIX OF WP(C) 10639/2018

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE REGISTERED WILL EXECUTED IN FAVOUR OF THE PETITIONER BY HER DECEASED MOTHER DATED 6/02/2003.

EXHIBIT P2 A TRUE COPY OF THE ARBITRATION AWARD ISSUED BY THE IST RESPONDENT DATED 27/09/2017.

EXHIBIT P3 A TRUE COPY OF THE COMMUNICATION DATED 5/10/2017 ISSUED BY THE IST RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE APPLICATION DATED 12/10/2017 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DATED 08.02.2018 SUBMITTED BEFORE THE IST RESPONDENT.

EXHIBIT P5(A) A TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE IST RESPONDENT DTATED 08.02.2018

EXHIBIT P6 A TRUE COPY OF THE LETTER WITHOUT EXHIBITS DATED 15.02.2018 SUBMITTED BEFORE THE 2ND RESPONDENT.

EXHIBIT P7 A TRUE COPY OF THE COMMUNICATION DATED 28.02.2018 ISSUED BY THE OFFICE OF THE 2ND RESPONDENT.

EXHIBIT P7(A) A TRUE COPY OF THE NOTICE FOR HEARING ISSUED BY THE 2ND RESPONDENT DATED 28.02.2018.

EXHIBIT P8 A TRUE COPY OF THE COMMUNICATION DATED 08.03.2018 ISSUED BY THE OFFICE OF THE 2ND RESPONDENT.

WP(C) NO. 10639 OF 2018

EXHIBIT P9 TRUE COPIES OF THE NOC ISSUED BY THE SISTERS DATED 13.08.2009