Sindhu Pradeep Kumar vs Union Of India
2023 Latest Caselaw 363 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
    WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
                       WP(C) NO. 24686 OF 2022
PETITIONER:

          SINDHU PRADEEP KUMAR
          AGED 45 YEARS
          W/O.V.P.PRADEEP KUMAR, VIRUTHISSERY HOUSE,
          ENGADIYUR P.O., THRISSUR-680615.

          BY ADVS.
          P.SATHISAN
          DONA AUGUSTINE


RESPONDENTS:

    1     UNION OF INDIA
          REPRESENTED BY SECRETARY, MINISTRY OF ROAD TRANSPORT &
          HIGHWAYS, GOVERNMENT OF INDIA, CENTRAL DELHI P.O.,
          NEW DELHI -110 001.

    2     REGIONAL OFFICER,
          NATIONAL HIGHWAYS AUTHORITY OF INDIA, REGIONAL OFFICE -
          KERALA, T.C 86/1036-1, AMBLY ARCADE, S.N.N.R.A - 9,
          PETTAH P.O, THIRUVANANTHAPURAM- 695 024.

    3     THE PROJECT DIRECTOR,
          NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT
          IMPLEMENTATION UNIT- KOCHI, VII/511 B, NEITHELI
          -MAVELIPURAM ROAD, MAVELIPURAM, KAKKANAD,
          KERALA - 682030.

    4     DIRECTOR GENERAL (ROAD DEVELOPMENT) & SPECIAL
          SECRETARY, ROOM NO.213, MINISTRY OF ROAD TRANSPORT &
          HIGHWAYS, TRANSPORT BHAVAN, 1, PARLIAMENT STREET,
          CENTRAL DELHI P.O., NEW DELHI 110 001.

    5     PROJECT DIRECTOR,
          NATIONAL HIGHWAYS AUTHORITY OF INDIA (HEAD OFFICE),
          DWARAKA SECTOR 10, SOUTH WEST DELHI P.O.,
          NEW DELHI -110 075.
 WP(C) NO. 24686 OF 2022

                                   2



     6       STATE OF KERALA,
             REPRESENTED BY ITS SECRETARY, PUBLIC WORKS
             DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM P.O.,
             PIN - 695 001.

     7       SPECIAL DEPUTY COLLECTOR (LA) NH & COMPETENT
             AUTHORITY, OFFICE OF NH 17, (KUTTIPPURAM-
             EDAPPALLY), KODUNGALLOR P.O., THRISSUR-680664.

     8       DISTRICT COLLECTOR,
             THRISSUR, COLLECTORATE, CIVIL STATION, AYYANTHOLE,
             THRISSUR-680003.

     9       M/S MONARCH KURIES PVT. LTD.,
             THIRSUR P.O., PIN: 680 001, REP. BY ITS CHAIRMAN,
             V.V.VISWAMBHARAN, AGED 63 YEARS, S/O. VADEKKATTU
             VARADARAJAN, OLLUR VILLAGE, ANCHERY DESOM.

             SMT.DEEPA.V-GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   11.01.2023,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 24686 OF 2022

                                     3


                               T.R. RAVI, J.
              --------------------------------------------
                    W.P.(C) No.24686 of 2022
                   --------------------------------------------
             Dated this the 11th day of January, 2023

                             JUDGMENT

When the case is taken up today it is submitted by the counsel

for the petitioner that, Exts.P4 and P4(a) ex parte decrees have

already been set aside and as such there is no necessity to withhold

any amount. However, that is a matter which has to be decided while

considering Ext.P6 application pending before the 7 th respondent. The

petitioner is entitled as per the award for an amount of Rs.83,50,744/-

and even if Exts.P4 and P4(a) are sustained, the amount that could be

withheld will be only around Rs.50 lakhs; is the contention.

In the above circumstances, this writ petition is disposed of,

directing the 7th respondent to consider and pass orders on Ext.P6

application. The 7th respondent may decide on the amount that may

have to be withheld for satisfaction of any claims and pay the balance

amount to the petitioner. If the 7th respondent is not able to decide on

the apportionment, appropriate steps can be taken to refer the matter

to the appropriate civil court under 3H(4) of the National Highways Act

for determination. The writ petitioner can approach the competent civil WP(C) NO. 24686 OF 2022

court with an application seeking deposit of the amounts that may

have to be withheld in interest bearing deposits. The 7 th respondent

may also verify the original documents which are placed before the

Munsiff Court, Chavakkad and the Sub Court, Chavakkad for the

purpose of making necessary endorsements regarding the payment of

compensation and the acquisition. Order shall be issued within six

weeks from the date of receipt of a copy of this judgment. The 9 th

respondent may place their claim before the civil court to which the

issue stands referred. The concerned civil court is directed not to hand

over the title deeds, relating to the properties to any of the parties, till

the completion of the entire proceedings.

Sd/-

T.R.RAVI JUDGE

LEK WP(C) NO. 24686 OF 2022

APPENDIX OF WP(C) 24686/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT NO.KL08040503373/2022 DATED 30.04.2022 ISSUED BY ENGADIYOOR VILLAGE.

Exhibit P2 TRUE COPY OF THE THE RELEVANT EXTRACT OF SECTION 3G AWARD NO.1/2021-D1/ENG/00773 DATED 30.06.2021.

Exhibit P3 TRUE COPY OF THE PLAINT IN OS 111/2019 FILED BEFORE THE HON'BLE SUB COURT, CHAVAKKAD.

Exhibit P4 TRUE COPY OF COPY OF EX PARTE DECREE PASSED BY THE HON'BLE SUB JUDGE CHAVAKKAD IN O.S.NO.111/2019 ON 24.01.2022.

Exhibit P4(a) TRUE COPY OF EX PARTE DECREE PASSED BY THE HON'BLE MUNSIFF COURT OF CHAVAKKAD IN O.S.NO.1726/2013 ON 18.02.2015.

Exhibit P5 TRUE COPY OF THE APPLICATION TO SET ASIDE THE EX PARTE DECREE IN O.S.NO. 111/2019 BEFORE THE HON'BLE SUB COURT, CHAVAKKAD.

Exhibit P5(a) TRUE COPY OF APPLICATION TO SET ASIDE THE EX PARTE DECREE IN O.S.NO.1726 OF 2013 BEFORE THE HON'BLE MUNSIFF COURT, CHAVAKKAD.

Exhibit P6 TRUE COPY OF THE APPLICATION IN LAC NO.D1-

007773/2021 DATED 26.07.2022 SUBMITTED BY THE PETITIONER UNDER SEC 3H (3) OF NATIONAL HIGHWAYS ACT ALONG WITH RECEIPT.