Kerala High Court
Kishor Kumar vs The Competnent Authority And ... on 25 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
WP(C) NO. 5583 OF 2022
PETITIONER:
KISHOR KUMAR
AGED 60 YEARS
S/O. VELU MASTER, MEKKADATH HOUSE,
VALANCHERY P.O, PIN - 676 552,
MALAPPURAM DISTRICT.
BY ADVS.
P.CHANDRASEKHAR
K.K.MOHAMED RAVUF
SATHEESH V.T.
MANJARI G.B.
RESPONDENTS:
1 THE COMPETNENT AUTHORITY AND DEPUTY COLLECTOR
LAND ACCUSATION (NH), VALAKULAM P.O,
PIN - 676 508, MALAPPURAM DISTRICT.
2 THE PROJECT DIRECTOR
NATIONAL HIGH WAY AUTHORITY OF INDIA,
34/1487 A, PROVIDENCE WOMEN'S COLLEGE ROAD,
MALAPARAMBA, KOZHIKODE, PIN - 673 007.
3 MACHINGAL MANI
S/O. KARUPPAN, MACHINGAL HOUSE,
VADAKKUMBRAM P.O, PIN - 676 552, MALAPPURAM DISTRICT.
4 PREMARAJAN
S/O. NARAYANAN, KAMMANGATT HOUSE,
PERINGOD, KOOTTANAD P.O,
PIN - 679 533, PALAKKAD DISTRICT.
BY ADV C.RAMAN
SMT. V. DEEPA, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5583 OF 2022
2
T.R.RAVI, J.
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WP(C) No.5583 of 2022
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Dated this the 25th day of August, 2022
JUDGMENT
When the case is taken up today, the counsel for the petitioner
submits that in Ext.P10 award, which has been issued by the
authority, it is clearly mentioned that an amount of Rs.16,47,039/- out
of the total compensation payable has been withheld towards
amounts due to Tirur Co-operative Agricultural and Rural
Development Bank and a sum of Rs.14,80,306/- has been withheld
towards amounts due to the tenants who are respondents 3 and 4 in
this writ petition. The counsel for the petitioner submits that as far as
the amounts due to the Bank is concerned, the petitioner has already
settled the entire liabilities and the Bank has issued a clearance
certificate, a copy of which has been produced as Ext.P9. The
petitioner also submits that he has no objection in the amount
payable to the 3rd and 4th respondents being released to them.
In such circumstances, this writ petition is disposed of directing
the 1st respondent to release the amount of Rs.14,80,306/- to
respondents 3 and 4 and to release the amount of Rs.16,47,039/- to
WP(C) NO. 5583 OF 2022
the petitioner after confirming from the Tirur Co-operative
Agricultural and Rural Development Bank that the amounts due to
them have already been cleared by the petitioner. Necessary action
shall be completed within three weeks from today. If the petitioner
and respondents 3 and 4 are aggrieved by the compensation
awarded, it is open to them to approach the District
Collector/Arbitrator.
Sd/-
T.R.RAVI
JUDGE
sn
WP(C) NO. 5583 OF 2022
APPENDIX OF WP(C) 5583/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE REGISTERED SALE DEED NO.
1916 OF 1993 OF KUTTIPURAM SUB REGISTRY DATED
28.06.1993.
Exhibit P2 TRUE COPY OF BASIC TAX RECEIPT DATED
11.08.2021 ISSUED BY VILLAGE OFFICER,
KUTTIPURATHI.
Exhibit P3 TRUE COPY OF THE NOTICE DATED 22.03.2018 OF
THE 1ST RESPONDENT.
Exhibit P4 A TRUE COPY OF JUDGMENT DATED 25.11.2021 IN
O.S. NO. 156 OF 2020 OF THE MUNSIFF COURT,
TIRUR.
Exhibit P5 TRUE COPY OF JUDGMENT DATED 25.11.2021 IN
O.S.NO. 279 OF 2020 OF THE COURT OF THE
MUNSIFF, TIRUR.
Exhibit P6 TRUE COPY OF THE AFFIDAVIT DATED 20.01.2021
OF THE PETITIONER BEFORE THE 1ST RESPONDENT.
Exhibit P7 TRUE COPY OF ORDER NO. D.5160/2021/TIR/522
DATED 13.08.2021 OF THE 1ST RESPONDENT.
Exhibit P8 TRUE COPY OF RECEIPT DATED 05.10.2021 ISSUED
BY THE 1ST RESPONDENT TO THE PETITIONER.
Exhibit P9 TRUE COPY OF THE CLEARANCE CERTIFICATE DATED
17.06.2022 ISSUED BY THE AGRICULTURAL AND
RURAL DEVELOPMENT BANK LTD TO THE PETITIONER
Exhibit P10 TRUE COPY OF THE PROCEEDINGS NO.D.5160/2021/
TIR/522 DATD 13.06.2022 OF TE 1ST RESPONDENT.
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
