Sindhu Pradeep Kumar vs Union Of India
2022 Latest Caselaw 9291 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
    WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
                       WP(C) NO. 24686 OF 2022
PETITIONER:

          SINDHU PRADEEP KUMAR
          AGED 45 YEARS
          W/O.V.P.PRADEEP KUMAR, VIRUTHISSERY HOUSE,
          ENGADIYUR P.O., THRISSUR-680615.

          BY ADVS.
          P.SATHISAN
          DONA AUGUSTINE


RESPONDENTS:

    1     UNION OF INDIA
          REP. BY SECRETARY, MINISTRY OF ROAD TRANSPORT &
          HIGHWAYS, GOVERNMENT OF INDIA, CENTRAL DELHI P.O.,
          NEW DELHI -110 001.

    2     REGIONAL OFFICER,
          NATIONAL HIGHWAYS AUTHORITY OF INDIA, REGIONAL OFFICE -
          KERALA, T.C 86/1036-1, AMBLY ARCADE, S.N.N.R.A - 9,
          PETTAH P.O, THIRUVANANTHAPURAM- 695 024.

    3     THE PROJECT DIRECTOR,
          NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT
          IMPLEMENTATION UNIT- KOCHI, VII/511 B, NEITHELI
          -MAVELIPURAM ROAD, MAVELIPURAM, KAKKANAD,
          KERALA - 682030.

    4     DIRECTOR GENERAL (ROAD DEVELOPMENT) & SPECIAL
          SECRETARY, ROOM NO.213, MINISTRY OF ROAD TRANSPORT &
          HIGHWAYS, TRANSPORT BHAVAN, 1, PARLIAMENT STREET,
          CENTRAL DELHI P.O., NEW DELHI 110 001.

    5     PROJECT DIRECTOR,
          NATIONAL HIGHWAYS AUTHORITY OF INDIA (HEAD OFFICE),
          DWARAKA SECTOR 10, SOUTH WEST DELHI P.O.,
          NEW DELHI -110 075.
 WP(C) NO. 24686 OF 2022

                                   2

     6       STATE OF KERALA,
             REP. BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT,
             SECRETARIAT, THIRUVANANTHAPURAM P.O.,
             PIN - 695 001.

     7       SPECIAL DEPUTY COLLECTOR (LA) NH & COMPETENT
             AUTHORITY, OFFICE OF NH 17, (KUTTIPPURAM-
             EDAPPALLY), KODUNGALLOR P.O., THRISSUR-680664.

     8       DISTRICT COLLECTOR,
             THRISSUR, COLLECTORATE, CIVIL STATION, AYYANTHOLE,
             THRISSUR-680003.

     9       M/S MONARCH KURIES PVT. LTD.,
             THIRSUR P.O., PIN: 680 001, REP. BY ITS CHAIRMAN,
             V.V.VISWAMBHARAN, AGED 63 YEARS, S/O. VADEKKATTU
             VARADARAJAN, OLLUR VILLAGE, ANCHERY DESOM.

             SMT.DEEPA.V-GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   10.08.2022,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 24686 OF 2022

                                     3

                               T.R. RAVI, J.
              --------------------------------------------
                     W.P.(C) No.24686 of 2022
                   --------------------------------------------
              Dated this the 10th day of August, 2022

                             JUDGMENT

When the case is taken up today it is submitted by the

counsel for the petitioner that, Exts.P4 and P4(a) ex parte

decrees have already been set aside and as such there is no

necessity to withhold any amount. However, that is a matter

which has to be decided while considering Ext.P6 application

pending before the 7th respondent. The petitioner is entitled as

per the award for an amount of Rs.83,50,744/- and even if

Exts.P4 and P4(a) are sustained, the amount that could be

withheld will be only around Rs.50 lakhs; is the contention.

In the above circumstances, this writ petition is disposed

of, directing the 7th respondent to consider and pass orders on

Ext.P6 application. The 7th respondent may decide on the

amount that may have to be withheld for satisfaction of any

claims and pay the balance amount to the petitioner. The

amounts that are being withheld shall be deposited in an WP(C) NO. 24686 OF 2022

appropriate deposit, bearing interest. Orders shall be issued

within six weeks from the date of receipt of a copy of this

judgment. The 9th respondent is directed to produce the title

deeds of the petitioner for the purpose of setting up their

claim.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 24686 OF 2022

APPENDIX OF WP(C) 24686/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT NO.KL08040503373/2022 DATED 30.04.2022 ISSUED BY ENGADIYOOR VILLAGE.

Exhibit P2 TRUE COPY OF THE THE RELEVANT EXTRACT OF SECTION 3G AWARD NO.1/2021-D1/ENG/00773 DATED 30.06.2021.

Exhibit P3 TRUE COPY OF THE PLAINT IN OS 111/2019 FILED BEFORE THE HON'BLE SUB COURT, CHAVAKKAD.

Exhibit P4 TRUE COPY OF COPY OF EX PARTE DECREE PASSED BY THE HON'BLE SUB JUDGE CHAVAKKAD IN O.S.NO.111/2019 ON 24.01.2022.

Exhibit P4(a) TRUE COPY OF EX PARTE DECREE PASSED BY THE HON'BLE MUNSIFF COURT OF CHAVAKKAD IN O.S.NO.1726/2013 ON 18.02.2015.

Exhibit P5 TRUE COPY OF THE APPLICATION TO SET ASIDE THE EX PARTE DECREE IN O.S.NO. 111/2019 BEFORE THE HON'BLE SUB COURT, CHAVAKKAD.

Exhibit P5(a) TRUE COPY OF APPLICATION TO SET ASIDE THE EX PARTE DECREE IN O.S.NO.1726 OF 2013 BEFORE THE HON'BLE MUNSIFF COURT, CHAVAKKAD.

Exhibit P6 TRUE COPY OF THE APPLICATION IN LAC NO.D1-

007773/2021 DATED 26.07.2022 SUBMITTED BY THE PETITIONER UNDER SEC 3H (3) OF NATIONAL HIGHWAYS ACT ALONG WITH RECEIPT.