The South Indian Bank Ltd vs Special Tahsildar
2022 Latest Caselaw 3419 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
                        WP(C) NO. 9520 OF 2022
PETITIONER:

          THE SOUTH INDIAN BANK LTD., AMBALAPUZHA BRANCH,
          CHUNNU PLAZA, KATCHERY JUNCTION, AMABALAPUZHA,
          ALAPPUZHA-688561, REPRESENTED BY THE SENIOR
          MANAGER, DRT CELL, MRS.JILU HANNAH EAPEN.

          BY ADVS.
          SUNIL SHANKER
          VIDYA GANGADHARAN


RESPONDENTS:

    1     SPECIAL TAHSILDAR
          LA-NH, NO.1, HARIPPAD.

    2     THE SPECIAL DEPUTY COLLECTOR,
          LAND ACQUISITION(NATIONAL HIGHWAY),
          CIVIL STATION, ALAPUZHA-688001.

    3     M/S.MAVELI MARINE PRODUCTS PRIVATE LTD.,
          MAVELIPURAM, THOTTAPPALLY, KARUVATTA,
          ALAPUZHA, KERALA-688561, REPRESENTED BY
          ITS DIRECTOR MR.KRISHNA KUMAR.S.

    4     MR.KRISHNAKUMAR.S, PUTHENPURACKAL, MAVELIPURAM,
          THOTTAPPALLY, KARUVATTA, ALAPPUZHA, KERALA-688563.


          SMT. MABLE .C .KURIAN SR.G.P


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 9520/22
                                            2



                             JUDGMENT

The petitioner - South Indian Bank, has approached this

Court under the apprehension that the 4 th respondent is likely to

be disbursed the eligible compensation with respect to a

property acquired from him for the purposes of the National

Highway Authority of India (NHAI), over which they have a first

charge by way of an equitable mortgage.

2. However, this Court is aware that the 4 th respondent

had earlier approached this Court by filing WP(C)No.8279/2022,

which was disposed of with a specific direction to the

Competent Authority for Land Acquisition (CALA for short)

appointed under the provisions of the National Highways Act

('NH Act'), to disburse the amounts under the Award only after

hearing the Bank.

3. I am, therefore, of the firm view that the directions

in WP(C)No.8279/2022 will sub-serve the interest of the

petitioner- Bank also.

Resultantly, I order this Writ Petition, making it clear that WPC 9520/22

the directions in the judgment in WP(C)No.8279/2022 would

apply to this case also; consequently directing the CALA to act

as per its terms implicitly.

Sd/-

RR                                     DEVAN RAMACHANDRAN
                                            JUDGE
 WPC 9520/22


               APPENDIX OF WP(C) 9520/2022

PETITIONER EXHIBITS
Exhibit P1         TRUE COPY OF POSSESSION NOTICE ISSUED
                   BY PETITIONER
Exhibit P2         TRUE COPY OF LETTER OF THE PETITIONER
                   TO THE 1ST RESPONDENT.
Exhibit P3         TRUE COPY OF THE LETTER OF THE

PETITIONER TO THE 1ST RESPONDENT. Exhibit P4 TRUE COPY OF LETTER OF THE PETITIONER TO THE 1ST RESPONDENT.

Exhibit P5 TRUE COPY OF LETTER OF THE PETITIONER TO THE 1ST RESPONDENT.

Exhibit P6 TRUE COPY OF ACKNOWLEDGMENT OF THE 1ST RESPONDENT Exhibit P7 TRUE COPY OF ACKNOWLEDGMENT OF THE 1ST RESPONDENT Exhibit P8 TRUE COPY OF CONSENT LETTER OF 4TH RESPONDENT Exhibit P9 TRUE COPY OF THE LETTER OF THE PETITIONER TO THE 1ST RESPONDENT. Exhibit P10 TRUE COPY OF LETTER OF 1ST RESPONDENT TO THE PETITIONER.