Sree Karamel Muchilottu Kshet ... vs Special Deputy Collector & ...
2022 Latest Caselaw 2662 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
                        WP(C) NO. 8188 OF 2022
PETITIONERS:

    1     SREE KARAMEL MUCHILOTTU KSHETHRAM DEVASWOM COMMITTEE,
          REP.BY ITS PRESIDENT, RAVINDRAN P.P, S/O KRISHNAN.P,
          AGED 56 YEARS, SREE KARAMEL MUCHILOTTU KSHETHRA BHARANA
          SAMITHI, KOOVACHERI, P.O. KOZHUMMAL, KARIVELLUR VIA,
          KANNUR-670 521.

    2     JAYESH THADATHIL, AGED 37 YEARS, S/O.KUNHIKANNAN C.,
          SECRETARY, SREE KARAMEL MUCHILOTTU KSHETHRA BHARANA
          SAMITHI, RESIDING AT AISHWARYA, VELLUR P.O.,
          KANNUR-670 307.

          BY ADV MAHESH V RAMAKRISHNAN


RESPONDENTS:

    1     SPECIAL DEPUTY COLLECTOR & COMPETENT AUTHORITY
          LA(NHAI) KANNUR AT TALIPARAMBA, P.O.TALIPARAMBA,
          KANNUR-670 141.

    2     SPECIAL TAHSILDAR LA (NH) UNIT 2,
          KANNUR (CALA)-670 001.

    3     THE DISTRICT COLLECTOR,
          CIVIL STATION, KANNUR-670 002.

    4     STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO
          REVENUE (N) DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM-695 001.

    5     NATIONAL HIGHWAYS AUTHORITY OF INDIA,
          REPRESENTED BY ITS AUTHORISED OFFICER, G-5 & 6,
          SECTOR-10, DWARAKA, NEW DELHI-110 075.

    6     VILLAGE OFFICER, VELLUR,
          PAYYANUR TALUK, KANNUR-670 501.

    7     ELIMBANTE THAMBAYI, AGED 61 YEARS,
          D/O.THAI VALAPPIL KUNHIRAMAN,
          THAI VALAPPIL HOUSE, P.O.VELLUR, KANNUR-670 521.
 WP(C) NO. 8188 OF 2022
                                -2-

    8       ELIMBANTE KRISHNAN, AGED 59 YEARS,
            S/O.THAI VALAPPIL KUNHIRAMAN, THAI VALAPPIL
            HOUSE, P.O.VELLUR, KANNUR-670 521.

    9       ELIMBANTE RAGHAVAN, AGED 55 YEARS,
            S/O.THAI VALAPPIL KUNHIRAMAN, THAI VALAPPIL
            HOUSE, P.O.VELLUR, KANNUR-670 521.

            SMT. MABLE .C .KURIAN SR.G.P
            SRI.BIDAN CHANDRAN, SC NHAI


     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   11.03.2022,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 8188 OF 2022
                               -3-

                          JUDGMENT

The limited plea of the petitioners is that

the 2nd respondent - Special Tahsildar - who is

also the Competent Authority for Land Acquisition

(CALA), appointed under the provisions of the

National Highways Act, 1956 ('NH Act', for short)

- be directed to take up Ext.P8 representation of

theirs and dispose it of, in which they have

requested that the amount of compensation awarded

as per Ext.P5 be disbursed to them without any

further delay.

2. The learned Senior Government Pleader -

Smt.Mable C.Kurin, answered the afore request of

the petitioners, as made by their learned counsel

- Sri.Mahesh V.Ramakrishnan, saying that Ext.P8

can certainly be considered, however, only after

hearing the party respondents also. WP(C) NO. 8188 OF 2022

Taking note of the afore submissions, I order

this writ petition and direct the 2 nd respondent to

take up Ext.P8 representation of the petitioners

and dispose it of, after affording them, as also

respondents 7 to 9, necessary opportunity of being

heard; thus culminating in an appropriate order

and necessary action thereon, as expeditiously as

is possible, but not later than one month from the

date of receipt of a copy of this judgment.

Needless to say, if the amounts in question

have not yet been deposited before the competent

Civil Court under the provisions of Section 3H(4)

of the 'NH Act', action for the same shall be

deferred; and it shall be done only after the

afore exercise is completed and the resultant

order communicated to the parties.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 8188 OF 2022

APPENDIX OF WP(C) 8188/2022

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE REGD SALE DEED NO.2306 OF 1971 SRO, PAYYANNUR DATED 03.12.1971.

EXHIBIT P2 TRUE COPY OF THE DEED OF RELINQUISHMENT DATED 10.02.1994 EXECUTED BY THAI VALAPPIL KUNHIRAMAN IN FAVOUR OF SREE KARAMEL MUCHILOTTU KSHETHRAM DEVASWOM.

EXHIBIT P3 TRUE COPY OF THE PHOTOGRAPHS OF THE TEMPLE BHANDARAM CONSTRUCTED IN THE PROPERTY COVERED BY EXT.P2.

EXHIBIT P4 TRUE COPY OF THE REGD DEED OF PARTITION NO.2182 OF 2007 SRO, PAYYANUR DATED 21.05.2007.

EXHIBIT P5 TRUE COPY OF THE ORDER NO.A-683/16/(LAC NO.156)-(302) DATED 15.05.2018 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 30.05.2018 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 24.11.2021 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 01.03.2022 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE