Kerala High Court
Krishnakumar S vs Union Of India on 17 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 17TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943
WP(C) NO. 8279 OF 2022
PETITIONER:
KRISHNAKUMAR S
AGED 51 YEARS
S/O SUGUNANANDAN, VELLAMTHENGIL PADINJARE HOUSE,
VANDANAM P O, ALAPPUZHA-688005.
BY ADVS.
PRAVEEN K. JOY
T.A.JOY
E.S.SANEEJ
N.ABHILASH
M.P.UNNIKRISHNAN
M.K.SAMYUKTHA
DEEPU RAJAGOPAL
SANDRA S.KUMAR
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY SECRETARY, MINISTRY OF ROAD TRANSPORT
AND NATIONAL HIGHWAYS, NEW DELHI-110001.
2 NATIONAL HIGHWAY AUTHORITY OF INDIA
HEAD QUARTERS AT SECTOR 10, DWARAKA, NEW DELHI-
REPRESENTED BY ITS CHAIRMAN.
3 NATIONAL HIGHWAY AUTHORITY OF INDIA
REGIONAL OFFICE, TC 86/1036-1, PETTA P O, TRIVANDRUM-
695024.
4 STATE OF KERALA
REPRESENTED BY SECRETARY, DEPARTMENT OF ROAD TRANSPORT,
, TRIVANDRUM-695001.
5 SPECIAL DEPUTY COLLECTOR(LA)(NH)
CIVIL STATION, BESIDE ZILLA PANCHAYATH OFFICE, CIVIL
STATION, WARD, ALAPPUZHA-688001.
6 THE TAHSILDAR
NATIONAL HIGHWAY AUTHORITY OF INDIA, HARIPPAD,
WP(C) NO. 8279 OF 2022
2
ALAPPUZHA-688524.
OTHER PRESENT:
SRI,SALIL NARAYANAN.SC,SMT.AMMINIKUTTY SR,G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.03.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 8279 OF 2022
3
JUDGMENT
The petitioner has approached this Court
apparently under the impression that an Award has
already been issued by the Competent Authority for
Land Acquisition (CALA), appointed under the provisions
of the National Highways Act (NH Act), seeking that the
"admitted compensation" with respect to the property
acquired from him be ordered to be released, within a
time frame to be fixed by this Court.
2. However, the afore submissions of Sri.Praveen
K. Joy - learned counsel for the petitioner, were
controverted by the learned Senior Government Pleader
saying that no Award has yet been issued by the CALA
because objections have been raised by the South
Indian Bank (SIB), Ambalappuzha, asserting that they
have a mortgage over it; and that, in fact, it is they
WP(C) NO. 8279 OF 2022
who have produced the original title deeds before the
said Authority. She added that the entity mentioned in
Ext.P3 also appear to have some right over the
property, through they have recorded that they have no
objection to release the amounts to the petitioner. She
submitted that, therefore, the CALA will hear all sides,
including the Indian Bank, as also the entity mentioned
in Ext.P3, and thereafter issue an appropriate Award,
without any avoidable delay.
3. I must say that the afore submissions of the
learned Senior Government Pleader are compelling
because, without an Award being issued, the petitioner
cannot seek any direction as has been sought for in this
writ petition.
In the afore circumstances, I order this writ
petition and direct the CALA to complete proceedings
WP(C) NO. 8279 OF 2022
with respect to the property acquired from the
petitioner and issue an appropriate order thereon, after
hearing him, the Bank or any other entity/person
interested, as expeditiously as is possible.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
ANB
WP(C) NO. 8279 OF 2022
APPENDIX OF WP(C) 8279/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE PHOTOCOPY OF THE RELEVANT PAGE
OF THE NOTIFICATION PUBLISHED IN
MALAYALA MANORAMA DAILY DATED
28.12.2020.
Exhibit P2 THE TRUE PHOTOCOPY OF THE REQUEST
SUBMITTED BY PETITIONER BEFORE THE
MANAGER, GOKULAM CHITS AND FINANCE DATED
25.02.2022.
Exhibit P3 THE TRUE PHOTOCOPY OF THE NOC ISSUED BY
SREE GOKULAM CHITS AND FINANCE CO
PRIVATE LIMITED DATED 25.02.2022 TO THE
6TH RESPONDENT.
Exhibit P4 THE TRUE PHOTOCOPY OF THE APPLICATION
BEFORE THE 5TH AND 6TH RESPONDENT DATED
08.03.2022.
