Shibu Joseph vs State Of Kerala
2023 Latest Caselaw 1030 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                       WP(C) NO. 35258 OF 2022
PETITIONER:

          SHIBU JOSEPH
          AGED 55 YEARS,
          ENGINEER, SON OF LATE JOSEPH ALIAS CYRIAC P.JOSEPH,
          VELLAPATTIL HOUSE, KALAVOOR P.O., KATTOOOR DESOM,
          KALAVOOR VILLAGE, AMBALPPUZHA TALUK, ALAPPUZHA
          DISTRICT, KERALA STATE, PIN - 688522.

          BY ADVS.
          BASIL MATHEW
          NINAN JOHN
          SANJANA SARA VARGHESE ANNIE
          AJAY KRISHNAN S.
          ARYA A.R.


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY DISTRICT COLLECTOR
          ALAPPUZHA - 688001.

    2     SPECIAL THASILDAR (L.A.) N.H
          NEAR S.D COLLEGE, KALARCODE POST ALAPPUZHA DISTRICT,
          PIN - 688003.

    3     ADDL.R3: THE SPECIAL DEPUTY COLLECTOR AND
          COMPETENT AUTHORITY FOR LAND ACQUISITION (CALA),
          NATIONAL HIGHWAY AUTHORITY OF INDIA, COLLECOTRATE,
          ALAPPUZHA, PIN - 688001.

    4     ADDL.R4: SEJI JOSHY ALIAS REENA,
          AGED 56 YEARS
          WIFE OF LATE JOSHY JOSEPH, HOUSEWIFE, APARTMENT NO.8H,
          WEST GATE TERRACE APARTMENT, THEVARA S.O., PIN 682013.

    5     ADDL.R5: ANONY CYRIAC,
          AGED 22 YEARS
          COMPANY EMPLOYEE, SON OF LATE JOSHY JOSEPH, APARTMENT
          NO. 8-H, WEST GATE TERRACE APARTMENT, THEVARA S.O.,
          PIN - 682013.
 WP(C) NO. 35258 OF 2022

                                   2

     6       ADDL. R6: ANN JOSHY,
             AGED 15 YEARS
             STUDANT, DAUGHTER OF LATE JOSHY JOSEPH, APARTMENT
             NO. 8-H, WEST GATE TERRACE APARTMENT, THEVARA S.O.,
             PIN - 682013, REPRESENTED BY ITS GUARDIAN AND
             MOTHER THE AFORESAID SEJI JOSHY ALIAS REENA,

             ADDL, R3 TO R6 ARE IMPLEADED AS PER ORDER DATED
             17.11.2022 IN IA NO. 1/2022 IN WP(C)NO.35258/2022.

     7       ADDL. R7: NATIONAL HIGHWAY AUTHORITY OF INDIA
             (NHAI)
             VII-511-B, NEYTHELI, MAVELIPURAM ROAD, KAKKANAD,
             ERNAKULAM DISTRICT, PIN-682030 REPRESENTED BY ITS
             PROJECT DIRECTOR.

             ( ADDL. R7 IS IMPLEADED VIDE ORDER DATED 09.12.2022
             IN IA NO.2/22).

             BY ADVS
             AJITH VISWANATHAN

             SMT.DEEPA.V, GP
             SRI.P.VISWANATHAN(SR.)


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   17.01.2023,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 35258 OF 2022

                                    3

                              T.R. RAVI, J.
              --------------------------------------------
                    W.P. (C) No.35258 of 2022
                  --------------------------------------------
             Dated this the 17th day of January, 2023

                             JUDGMENT

The prayer in the writ petition is for a direction to the 2 nd

respondent to accept the documents submitted by the

petitioner with respect to 0.0168 Hectares of property in re-

survey No.341/8 and pass award with regard to 38/48 share,

which is the share of the petitioner in the property. Pursuant

to the directions issued by this Court, the petitioner has

impleaded the legal representatives of the deceased brother

as respondents 4 to 6, who are entitled to the balance 10/48

share in the property.

Since there is no dispute regarding the apportionment as

between the three legal representatives of the deceased

brother of the petitioner, this writ petition is disposed of

directing the 2nd respondent to accept the documents of title

relating to the property produced by the petitioner and the

legal heirship certificate regarding the legal heirs of the WP(C) NO. 35258 OF 2022

deceased brother of the petitioner and pass an award with

respect to the acquisition, awarding 38/48 share of the

compensation in favour of the petitioner and 10/48 share in

favour of respondents 4 to 6. The mother of the petitioner,

even though shown as a legal heir in the legal heirship

certificate issued by the Tahsildar, Kanayannur, is not a legal

heir going by the personal law applicable to the parties. As

such mother Kunjamma Joseph need not be paid any share in

the compensation. Necessary orders shall be issued within

one month from today.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 35258 OF 2022

APPENDIX OF WP(C) 35258/2022

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT DATED 24.08.2021 OF THE SAID PROPERTY ISSUED BY THE VILLAGE OFFICER, KALAVOOR.

Exhibit P2 THE TRUE COPY OF THE SETTLEMENT DEED NO.

2609/2021 DATED 16.11.2021 OF SUB REGISTRY, MARARIKKULAM.

Exhibit P3 THE TRUE COPY OF THE SETTLEMENT DEED NO.

2720/2021 DATED 25.11.2021 OF SUB REGISTRY, MARARIKKULAM.

Exhibit P4 THE TRUE COPY OF THE JUDGEMENT DATED 01.09.2022 IN W.P. NO. 25996/2022.

Exhibit P5 THE TRUE COPY OF TAX PAID RECEIPT DATED 16.09.2022 ISSUED BY THE VILLAGE OFFICER, KALAVOOR.

Exhibit P6 THE TRUE COPY OF THE EVICTION MAHAZAR NO.

LAC NO. 212/2020, KLVR, BL/II DATED - NIL ISSUED BY THE REVENUE INSPECTOR OF NHAI.

RESPONDENTS' EXHIBITS

Exhibit R4(a) TRUE PHOTOSTAT COPY OF THE LEGAL HEIRSHIP CERTIFICATE DATED 23-10-2007.