Kerala High Court
Assiamma vs The Chief Engineer (La) on 17 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
WP(C) NO. 18022 OF 2021
PETITIONERS:
1 ASSIAMMA
AGED 50 YEARS
W/O LATE P.M.IBRAHIM,
RESIDING AT PANJATHOTTY HOUSE,
MANGALPADY VILLAGE,
MANGALPADY POST,
MANJESWAR TALUK,
KASARGOD DISTRICT.
2 RAMSEENA
AGED 26 YEARS
D/O P.M.IBRAHIM,
RESIDING AT PANJATHOTTY HOUSE,
MANGALPADY VILLAGE,
MANGALPADY POST,
MANJESWAR TALUK,
KASARGOD DISTRICT.
3 ZAINABATH RAIZEENA
AGED 24 YEARS
D/O LATE P.M.IBRAHIM,
RESIDING AT PANJATHOTTY HOUSE,
MANGALPADY VILLAGE,
MANGALPADY POST,
MANJESWAR TALUK,
KASARGOD DISTRICT.
4 RAMSEED
AGED 22 YEARS
S/O P.M.IBRAHIM,
RESIDING AT PANJATHOTTY HOUSE,
MANGALPADY VILLAGE,
MANGALPADY POST,
MANJESWAR TALUK,
KASARGOD DISTRICT.
5 FATHIMATH RYNAZ
AGED 20 YEARS
D/O P.M.IBRAHIM,
RESIDING AT PANJATHOTTY HOUSE,
MANGALPADY VILLAGE,
MANGALPADY POST,
MANJESWAR TALUK,
KASARGOD DISTRICT.
6 RAHIMATH
AGED 18 YEARS
W.P(C)No.18022 of 2021
2
D/O P.M.IBRAHIM,
RESIDING AT PANJATHOTTY HOUSE,
MANGALPADY VILLAGE,
MANGALPADY POST,
MANJESWAR TALUK,
KASARGOD DISTRICT.
7 MOIDEEN RIFAY (MINOR)
AGED 16 YEARS
S/O P.M.IBRAHIM,
RESIDING AT PANJATHOTTY HOUSE,
MANGALPADY VILLAGE,
MANGALPADY POST,
MANJESWAR TALUK,
KASARGOD DISTRICT.
REP[RESENTED BY MOTHER AND
NATURAL GUARDIAN 1ST PETITIONER,
ASSAIMMA, AGED 50,
W/O LATE P.M.IBRAHIM.
BY ADV P.K.MUHAMMED
RESPONDENTS:
1 THE CHIEF ENGINEER (LA)
NATIONAL HIGHWAY,
CALICUT NORTH P.O,
KOZHIKODE-673 004.
2 THE SPECIAL TAHASILDAR(LAND ACQUISITION)
NATIONAL HIGH WAY UNIT-V,
UPPALA, CIVIL STATION.P.O,
KASARGOD, PIN-671 121.
3 THE SPECIAL DEPUTUY COLLECTOR(LAND ACQUISITION)
NATIONAL HIGH WAY AND COMPETENT AUTHORITY,
CIVIL STATION.P.O, KASARGOD, PIN-671 121.
OTHER PRESENT:
SRI ASWIN SETHUMADHAVAN, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C)No.18022 of 2021
3
JUDGMENT
Dated this the 17th day of September, 2021
The petitioners say that certain extent of their
property have been acquired for the purpose of the National
Highway and allege that they have not being paid
compensation for its value until now. They show me Ext.P5;
issued by the Special Tahsildar, Land Acquisition-who is also
the Competent Authority under the Act, (CALA)-and say that
they had made two requests before him, namely for
reassessment of the structural value of their building and for
revaluation of the land Act; and alleges that, the former has
been turned down therein, while the latter request has been
acceded to stating that the land value will be sanctioned and
credited to their account, along with solatium, at the time of
disbursement of compensation.
2. The petitioners say that even though Ext.P5 was
issued on 03.06.2021, no action has been issued by the CALA
W.P(C)No.18022 of 2021
until now for determination of the land value. They,
therefore, pray that the said Authority be directed to do so
and to credit their account with the eligible amounts, within
a time frame to be fixed by this Court.
The afore submissions of the petitioners made by
the learned Counsel - Sri.P.K.Muhammed, were answered
by the learned Senior Government Pleader - Sri..Ashwin
Sethumadhavan, asserting that action pursuant to Ext.P5 is
underway and that the compensation payable to the
petitioners will be computed without any further delay. He
then submitted, as stated in Ext.P5, the eligible amounts
towards land value and solatium will be paid to the
petitioners at the time of disbursement and that this will be
done without any avoidable delay.
Taking note of the afore submissions of the learned
Government Pleader and finding favour with it, I allow this
writ petition, directing the CALA to complete the
proceedings with respect to the quantification of the land,
W.P(C)No.18022 of 2021
after affording necessary opportunities to the petitioners or
their representative, thus completing proceedings thereon,
leading to its disbursement as per law, as expeditiously as is
possible but not later than six months from the date of
receipt of a copy of this judgment.
The writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
NR/17/09/2021
W.P(C)No.18022 of 2021
APPENDIX
PETITIONERS' EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF THE NOTICE DATED 11.11.2020
ISSUED BY THE 3RD RESPONDENT.
Exhibit P2 TRUE PHOTOCOPY OF AWARD PASSED BY THE 3RD
RESPONDENT DATED 11.11.2020.
Exhibit P3 TRUE PHOTOCOPY OF THE WRITTEN OBJECTION DATED
17.12.2020 SUBMITTED BY PETITIONERS BEFORE THE
3RD RESPONDENT.
Exhibit P4 TRUE PHOTOCOPY OF THE SKETCH ISSUED UNDER RIGHT
TO INFORMATION ACT BY THE STATE PUBLIC
INFORMATION OFFICER, OFFICE OF THE SPECIAL DEPUTY
COLLECTOR, LA,(NH) KASARGOD.
Exhibit P5 TRUE PHOTOCOPY OF ORDER LAC NO.156/UPPALA VILLAGE
DATED 03.06.2021 OF THE 3RD RESPONDENT.
Exhibit P6 TRUE PHOTOCOPY OF THE ATTESTED COPY OF MALAYALAM
TRANSLATION OF DOCUMENT NO.263/1995 DATED
2.2.1995 EXECUTED IN FAVOUR OF P.M.IBRAHIM.
Exhibit P7 TRUE PHOTOCOPY OF THE ATTESTED COPY OF MALAYALAM
TRANSLATION OF DOCUMENT NO.1698/1996 DATED
10.07.1996 EXECUTED IN FAVOUR OF P.M. IBRAHIM.
Exhibit P8 TRUE PHOTOCOPY OF DEATH CERTIFICATE OF THE
PREDCESSOR OF THE PETITIONERS SRI.IBRAHIM DATED
11.09.2019 ISSUED BY MANGALPADY GRAMA PANCHAYAT.
Exhibit P9 TRUE PHOTOCOPY OF BUILDING TAX RECEIPT DATED
18.08.2021 FOR RS.717/-.
Exhibit P9(A) TRUE PHOTOCOPY OF BUILDING TAX RECEIPT DATED
18.08.2021 FOR RS.717/-.
Exhibit P9(B) TRUE PHOTOCOPY OF BUILDING TAX RECEIPT DATED
18.08.2021 FOR RS.605/-.
Exhibit P10 TRUE PHOTOCOPY OF LAND TAX RECEIPT DATED
25.08.2021 ISSUED FROM VILLAGE OFFICE, UPPALA.
RESPONDENTS' EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
