Kerala High Court
Visalakshi C.V vs The Project Director on 24 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
WP(C) NO. 18673 OF 2021
PETITIONER/S:
1 VISALAKSHI C.V.
AGED 72 YEARS
D/O.KANNAN, KAUSTHUBHAM, KUNHIVALAPPIL,
THILANOOR, POST THAZHE CHOVVA, KANNUR DISTRICT
NOW RESIDING AT KUNNUMPURATH HOUSE, C/O. PRAKASH
BABU, NEAR SREENARAYANA FLOOR MILL, THILANNORE,
POST THAZHECHOVVA, KANNUR.
2 SAROJINI
AGED 68 YEARS
D/O.KANNAN, RESIDING AT KAUSTHUBHAM,
KUNHIVALAPPIL, THILANOOR, POST - THAZHE CHOVVA,
KANNUR DISTRICT, NOW RESIDING AT KUNNUMPURATH
HOUSE, C/O PRAKASH BABU, NEAR SREENARAYANA FLOOR
MILL, THILANNORE, POST THAZHECHOVVA, KANNUR.
BY ADVS.
K.M.SATHYANATHA MENON
KAVERY S THAMPI
P.ARUN KUMAR (MONCOMPU)
RESPONDENT/S:
1 THE PROJECT DIRECTOR
NATIONAL HIGHWAY AUTHORITY OF INDIA, KOZHIKODE,
PIN - 673 009.
2 THE SPECIAL TAHSILDAR AND COMPETENT AUTHORITY
(LA)
N.H.UNIT NO.II, CIVIL STATION, KANNUR DISTRICT,
PIN - 670 002.
3 NARAYANAN C.H.
S/O.KUNDAN, NIJA NIVAS, KUSHAL NAGAR, KANHANGAD
P.O., KASARAGODE DISTRICT, PIN - 671 315.
WP(C) NO. 18673 OF 2021
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4 VANAJA M.V.
D/O.NARAYANAN C.H., NIJA NIVAS, KUSHAL NAGAR,
KANHANGAD P.O., KASARAGODE DISTRICT, PIN - 671
315.
5 VIJAYAN M.V.
D/O.NARAYANAN C.H., NIJA NIVAS, KUSHAL NAGAR,
KANHANGAD P.O., KASARAGODE DISTRICT, PIN - 671
315.
6 VINODHAN M.V.
S/O.NARAYANAN C.H., NIJA NIVAS, KUSHAL NAGAR,
KANHANGAD P.O., KASARAGODE DISTRICT, PIN - 671
315.
7 BHAMA M.V.
D/O.NARAYANAN C.H., NIJA NIVAS, KUSHAL NAGAR,
KANHANGAD P.O., KASARAGODE DISTRICT, PIN - 671
315.
8 URMILA M.V.
D/O.NARAYANAN C.H., NIJA NIVAS, KUSHAL NAGAR,
KANHANGAD P.O., KASARAGODE DISTRICT, PIN - 671
315.
OTHER PRESENT:
SMT. AMMINIKUTTY - SR.GP,
SRI. SUDHINKUMAR - SC of NHAI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 18673 OF 2021
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JUDGMENT
The petitioners are stated to be sisters
and they say that their property, which they
acquired under a partition deed i.e., document
No.1566/75 of SRO Kaduchira, has been acquired for
a public purpose in the winter of their years, thus
rendering them homeless. They say that even though
an Award has been issued by the Competent
Authority, under the provisions of the applicable
Act, the amounts eligible to them thereunder has
been now refused to be paid to them, solely because
a competing claim has been made on the property by
respondents 3 to 8.
2. The petitioners say that the party
respondents have no right over the property in
question at all; and that in any event of the
matter, they have filed a civil suit before the
Munsiff's Court, Kannur, numbered as O.S.No.360 of
WP(C) NO. 18673 OF 2021
2019, wherein, they unequivocally admit that the
petitioners are at least entitled to 47 cents.
3. The petitioners assert that no orders
have been issued by the Munsiff's Court against
them; and consequently, that the official
respondents are without justification in having
acceded to the claim of the party respondents,
refusing disbursement of the eligible amounts under
the award to them. The petitioners, therefore,
pray that the official respondents be directed to
immediately disburse to them the amounts under LAC
NO.5911 (A) and LAC No.5911 (C), which are evident
from Exts.P3 and P4, within a time frame to be
fixed by this Court.
4. Shri.K.M.Sathyanatha Menon, learned
counsel for the petitioner, supplemented the afore
submissions by saying that his clients are in
emergent need for money, because as stated afore,
they have been rendered homeless and because they
WP(C) NO. 18673 OF 2021
have entered into an agreement for sale with the
owner of another extent of land, so as to enable
them to relocate there into a proper residential
house. The learned counsel submitted that,
therefore, the delay of each day in disbursing the
amounts to his clients causes them irreparable
prejudice. He, therefore, reiteratingly prayed that
the official respondents be directed to pay to his
clients the amounts covered by the Awards without
any further delay.
5. The afore submissions of
Shri.K.M.Sathyanatha Menon were vehemently refuted
by Shri.Muraleekrishnan, learned counsel appearing
for the party respondents, saying that his clients
have already filed the suit claiming an extent of
47 cents with only the balance 47 cents being
available to the petitioners, but that the Awards
now in favour of the latter takes in an extent of
51.72 cents. He submitted that, therefore, it is
WP(C) NO. 18673 OF 2021
luculent that the petitioners are now claiming
compensatory with respect to an extent of over 4.72
cents than what is eligible to them. He submitted
that therefore, the amounts under the Awards may be
directed not to be disbursed to them until such
time as the Munsiff's Court, Kannur, takes a final
decision in the suit.
6. The learned Senior Government Pleader,
Smt.K.Ammiikutty, submitted that the official
respondents have no particular choice between the
petitioners and respondents 3 to 8, but confirmed
that as per the Awards in question, certain amounts
have been found in favour of the petitioners with
respect to an extent of 51.72 cents. She then
added that since the petitioners had not been able
to produce any documents to establish their title
over the property in question and since there are
rival claims made by the party respondents, the
Competent Authority has been unable to disburse the
WP(C) NO. 18673 OF 2021
eligible amounts to them. She, thus prayed that
this writ petition be closed, without any adverse
orders against her clients.
7. Shri.K.Sudhinkumar, learned Standing
Counsel for the National High way Authority of
India, submitted that his client has no role to
play in this case at this stage, since the question
of payment of compensation is squarely on
respondents 1 and 2.
8. When I evaluate the afore submissions,
there can be no doubt that even going by the
submissions of respondents 3 to 8, they are only
claiming an extent of 47 cents out of the total of
94 cents; and their allegation is that the Awards
now in favour of the petitioners contain an excess
extent of 4.72 cents. Obviously, until the suit
before the Munsiff's Court, Kannur, is decided,
this Court will not be in a position to affirmatily
state on this issue. I must, however, also take
WP(C) NO. 18673 OF 2021
into account the fact that the petitioners are
senior citizens and who are stated to have been
rendered homeless consequent to the acquisition,
thus requiring an alternate space without any
delay.
9. I am, therefore, of the view that a
balance between the rival interest will have to be
explored; and I, therefore, asked
Shri.Muraleekrishnan whether his clients would
stand in the way of this Court directing the
amounts in the Award with respect to 47 cents being
immediately paid to the petitioners and the balance
amounts being kept in deposit - the payment of
which will be deferred until the suit is decided by
the Munsiff's Court.
10. Shri.Muraleekrishnan acceded to this
and so did Shri.Sathyanatha Menon - who initially,
however, pointed out that whatever be the nature of
the suit, unless orders has been obtained by the
WP(C) NO. 18673 OF 2021
party respondents, they are not entitled to make
any claim under the amounts awarded thereby.
In the afore circumstances, I allow this
writ petition and direct respondents 1 and 2 to
immediately process the petitioners' request for
payment of their eligible compensation for an
extent of 47 cents, provided they are able to
convince the said Authority of their title and
their possession over the same at the time when the
acquisition was completed. The balance amounts
with respect to 4.72 cents will be kept
appropriately in deposit, which shall be disbursed
only after O.S.No.360 of 2019 is finally disposed
of by the Munsiff's Court, Kannur.
Needless to say, since the learned
Government Pleader submits that the petitioners
have not been able to prove their title over the
property until now, I leave liberty to them to
produce them all necessary documents and records
WP(C) NO. 18673 OF 2021
before the Competent Authority to prove their title
and the afore directions will then be complied
with.
The afore exercise shall be completed as
expeditiously as is possible, but not later than
one month from the date on which the petitioners
approach the competent Authority with their title
documents in terms of my afore directions.
sd/-
DEVAN RAMACHANDRAN,
JUDGE
STK
WP(C) NO. 18673 OF 2021
APPENDIX OF WP(C) 18673/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE ISSUED BY THE
DISTRICT COLLECTOR, KANNUR TO THE 2ND
PETITIONER DATED NIL.
Exhibit P2 TRUE COPY OF THE PARTITION DEED
NO.1553/75 OF SRO KADACHIRA.
Exhibit P3 TRUE COPY OF THE PROCEEDINGS OF THE
COMPETENT AUTHORITY DATED 11/2020 IN LAC
NO.5911(A).
Exhibit P4 TRUE COPY OF THE RELEVANT PORTION OF THE
PROCEEDINGS OF THE COMPETENT AUTHORITY
DATED 11/2020 IN LAC NO.5911 (C).
Exhibit P5 TRUE COPY OF THE PLAINT IN
O.S.NO.360/2019 ON THE FILES OF THE
MUNSIFF COURT, KANNUR FILED BY THE
RESPONDENTS 3 TO 8 AS PLAINTIFFS.
Exhibit P6 TRUE COPY OF THE WRITTEN STATEMENT FILED
BY THE PETITIONERS IN O.S.NO.360/2019 ON
THE FILES OF THE MUNSIFF COURT, KANNUR.
Exhibit P7 TRUE COPY OF THE MEDICAL CERTIFICATE
ISSUED BY THE ASSISTANT SURGEON, KERALA
HEALTH SERVICE DEPARTMENT DATED NIL IN
FAVOUR OF THE 1ST PETITIONER.
Exhibit P8 TRUE COPY OF THE CERTIFICATE ISSUED FROM
JYOTHIS EYE CARE DATED 14/07/2021 IN
FAVOUR OF THE 2ND PETITIONER.
WP(C) NO. 18673 OF 2021
Exhibit P9 TRUE COPY OF THE AGREEMENT EXECUTED
BETWEEN SRI.MUKTOOB AND PETITIONERS
DATED 26/04/2019.
