Nizar vs Project Director
2023 Latest Caselaw 9137 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                     THE HONOURABLE MR. JUSTICE GOPINATH P.
       WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
                              WP(C) NO. 25485 OF 2023
PETITIONER:
           NIZARAGED 50 YEARSS/O. MUHAMMED KUNJU, KAVIL THARAYIL
           VEEDU, VADAKKUMTHALA MEKKUM MURI, PANMANA, KOLLAM - .,
           PIN - 690536

                  BY ADV A.SHAFEEK (KAYAMKULAM)


RESPONDENTS:
     1     PROJECT DIRECTORNATIONAL HIGHWAY AUTHORITY OF INDIA,
           1ST FLOOR, KRISHNAKRIPA, TC 36/574-1, PALKULANGARA,
           THIRUVANANTHAPURAM - ., PIN - 695024

       2          THE DISTRICT COLLECTORCIVIL STATION ROAD, KAANKATHU
                  MUKKU, KOLLAM - ., PIN - 691013

       3          THE SPECIAL DEPUTY COLLECTOR (LAND ACQUISITION),
                  NATIONAL HIGHWAY AND COMPETENT AUTHORITY, KOLLAM - .,
                  PIN - 691013


OTHER PRESENT:
           SMT . PREETHA K K (SR GP)


THIS       WRIT    PETITION   (CIVIL)   HAVING    COME   UP   FOR   ADMISSION   ON
23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.25485/2023                  2

                            JUDGMENT

The grievance of the petitioner is that even though Ext.P4 award

has been issued in favour of the petitioner, the compensation is not

paid stating that there is an order issued by this Court in

W.P.(C)No.18715/2022. In W.P.(C)No.18715/2022, the acquisition

relate to properties in Re-Survey No.221/3 and the LAC number

corresponding to that is 228/20/VAD. In the case on hand, the

property is situated in Re-Sy.No.222/1-15 of Vadakkumthala Village

of Karunagappally Taluk and the LAC Number is 227/20/VAD(1). As

such, the order in W.P.(C)No.18715/2022 can have no application to

the land involved in this award.

The writ petition is disposed of directing the 3rd respondent to

release the award amount to the petitioner immediately.

Sd/-

GOPINATH P.

JUDGE acd

APPENDIX OF WP(C) 25485/2023 PETITIONER EXHIBITS

DATED 19/1/2005 OF THE SRO, CHAVARA

Exhibit P2 A TRUE COPY OF THE TAX RECEIPT NO.

KL02020504709/2023 DATED 21/6/2023 ISSUED BY THE VADAKKUMTHALA VILLAGE FOR THE YEAR 2023-24

Exhibit P3 A TRUE COPY OF THE NOTICE NO. LAC 227/20/VCD DATED 3/11/2021 ISSUED BY THE 3RD RESPONDENT

Exhibit P4 A TRUE COPY OF THE AWARD WITH FILE NO.

A1-262/2022 DATED 11/11/2022 IN LAC NO. 227/20/VAD (1) OF THE 3RD RESPONDENT

Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED 25/11/2022 IN W.P.(C). NO. 35490/2022