Jeeja Bhaskar vs National Highway Authority Of ...
2022 Latest Caselaw 5927 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
        TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
                       WP(C) NO. 17381 OF 2022
PETITIONER:

            JEEJA BHASKAR
            AGED 51 YEARS
            W/O CHULLIPARAMBIL LATE SANTHOSH,
            AYYANTHOLE VILLAGE AND DESOM,
            THRISSUR TALUK, THRISSUR DISTRICT, PIN - 680003

            BY ADVS.
            C.D.DILEEP
            SHYLAJA VARGHESE


RESPONDENTS:

    1       NATIONAL HIGHWAY AUTHORITY OF INDIA
            REPRESENTED BY SPECIAL DEPUTY COLLECTOR AND COMPETENT
            AUTHORITY, LA (NH), KODUNGALLUR, THRISSUR DISTRICT,
            PIN - 680664

    2       BISINI
            AGED 75 YEARS
            W/O CHULLIPARAMBIL SANKARANARAYANAN,
            ENGANDIYUR VILLAGE AND DESOM, CHAVAKKAD TALUK,
            THRISSUR DISTRIC, PIN - 680615

    3       SUKESH
            AGED 60 YEARS
            S/O CHULLIPARAMBIL SANKARANARAYANAN,
            ENGANDIYUR VILLAGE AND DESOM, CHAVAKKAD TALUK,
            THRISSUR DISTRICT, PIN - 680615

    4       PREETHI
            AGED 58 YEARS
            W/O.SUNIL, POOVATHUMKADAVIL HOUSE,
            AYYANTHOLE VILLAGE, THRISSUR TALUK,
            THRISSUR DISTRICT, PIN - 680003

    5       JYOTHI
            AGED 53 YEARS
            W/O.BHARATHAN, ALAYIL HOUSE,
            ALA VILLAGE, KODUNGALLUR TALUK,
            THRISSUR DISTRICT, PIN - 627880
 WP(C) NO. 17381 OF 2022

                                   2




             SRI. BIDAN CHANDRAN, SC


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   31.05.2022,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 17381 OF 2022

                                   3

                               JUDGMENT

The writ petition has been filed praying for a direction to

the 1st respondent to disburse 1/5th portion of the

compensation amount in connection with the acquisition of

which land belonged to the predecessor in interest of the

petitioner and for a direction to the 1 st respondent to stop

disbursal of the compensation amount to any one else till the

disposal of the suit O.S.No.771/2020, pending before the

Munsiff Court, Chavakkad.

2. The petitioner has preferred Ext.P5 representation

before the 1st respondent represented by Special Deputy

Collector and Competent Authority LA(NH), Kodungallur. The

main prayers made in the writ petition cannot be considered

at this stage.

The writ petition is disposed of by directing the 1 st

respondent to consider and pass orders on Ext.P5

representation at the earliest, at any rate, within one month

from the date of receipt of a copy of this judgment, after WP(C) NO. 17381 OF 2022

hearing the petitioner and respondents 2 to 5. If the 1 st

respondent is not the competent authority to dispose of the

application, the same may be forwarded to the person, who is

authorised to do so. The petitioner shall produce a copy of this

judgment along with the copy of the writ petition before the

1st respondent.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 17381 OF 2022

APPENDIX OF WP(C) 17381/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE PLAINT IN OS.NO.771/2020 ON THE FILES OF MUNSIFF COURT CHAVAKKAD

Exhibit P2 A TRUE COPY OF THE INTERIM APPLICATION IA 3/2020 IN OS.NO.771/2020 ON THE FILES OF MUNSIFF COURT CHAVAKKAD

Exhibit-P3 A TRUE COPY OF THE OBJECTION FILED BY THE 3RD RESPONDENT IN THE IA NO.3/2020 IN OS 771/2020

Exhibit-P4 A TRUE COPY OF THE ORDER IN INTERIM APPLICATION IA 3/2020 IN OS.NO.771 OF

Exhibit-P5 A TRUE COPY OF THE REPRESENTATION DATED 20.05.2022 SUBMITTED BEFORE THE 1ST RESPONDENT

Exhibit-P6 A TRUE COPY OF THE RECEIPT ACCEPTING THE EXT-P5