Kerala High Court
Gopalan K.V vs Special Deputy Collector (La) on 6 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 17047 OF 2022
PETITIONER:
GOPALAN K.V.,
AGED 74 YEARS
S/O. LATE UNAKKAN, SREE VIGNESH, THALAYIL,
KUNHIMANGALAM P.O., KANNUR DISTRICT-670521.
BY ADV P.M.UNNI NAMBOODIRI
RESPONDENTS:
1 SPECIAL DEPUTY COLLECTOR (LA),
NATIONAL HIGHWAY ACQUISITION, TALIPARAMBA, KANNUR
DISTRICT-670141.
2 THE VILLAGE OFFICER,
KADANNAPALLY VILLAGE, KANNUR DISTRICT-670504.
*3 ADDL.R3: THE PROJECT DIRECTOR
NATIONAL HIGHWAY AUTHORITY OF INDIA, PROJECT
IMPLEMENTATION UNIT, KOZHIKODE, HAVING OFFICE AT
NO. 2/2175-B, KRISHNA KRIPA, AISWARYA ROAD, CIVIL
STATION .P.O., KOZHIKODE 673020
ADDL.R3 IS *IMPLEADED AS PER ORDER DATED
05.07.2022 IN IA NO.1/2022 IN WP(C) 17047/2022.
BY ADVS.
E.C.KURIAKOSE
LEJO JOSEPH GEORGE(KAR/74/2017)
OTHER PRESENT:
GP - DEEPA V
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C). No.17047 of 2022 :2:
VIJU ABRAHAM, J.
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W.P.(C) No.17047 of 2022
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Dated this the 6th day of February, 2024
JUDGMENT
The petitioner has approached this Court seeking a direction
to the respondents to release the compensation amount to the
petitioner for the land acquired from him.
2. The petitioner would contend that the only reason stated is
the pendency of suits as O.S.Nos.66/2008 and 200/2010 before the
Sub-court, Payyannur. The petitioner submits that by Ext.P14, both
the suits have been dismissed with cost and that no appeal has
been preferred against the same and the same has become final.
3. The learned Government Pleader upon instructions
submitted that at the time of passing the Award, the suits were
pending and therefore, the amount has been deposited before the
court and it is for the petitioner to approach the court by filing
appropriate application in this regard.
In view of the above it is ordered that, if the petitioner files an
appropriate application before the court concerned claiming the
amount due under the Award, the same shall be considered and
disposed of in accordance with law, as expeditiously as possible.
Sd/-
VIJU ABRAHAM
JUDGE
sm/
APPENDIX OF WP(C) 17047/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PROPERTY DOCUMENT
NO.1128/2008 DATED 16/04/2008.
Exhibit P2 TRUE COPY OF THE PROPERTY DOCUMENT
NO.92/2013 DATED 16/01/2013.
Exhibit P3 TRUE COPY OF THE LOCATION CERTIFICATE
DATED 02/09/2019.
Exhibit P4 TRUE COPY OF THE LEGAL OPINION DATED
08/09/2019.
Exhibit P5 TRUE COPY OF THE REQUEST LETTER DATED
09/12/2019.
Exhibit P6 TRUE COPY OF THE SUBMISSION DATED
04/01/2020.
Exhibit P7 TRUE COPY OF THE LETTER OF SOUTH INDIAN
BANK DATED 03/02/2020.
Exhibit P8 TRUE COPY OF THE BASIC TAX RECEIPT DATED
11/04/2022.
Exhibit P9 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE
DATED 13/04/2022.
Exhibit P10 TRUE COPY OF THE POSSESSION AND NON
ATTACHMENT CERTIFICATE DATED 20/04/2022.
Exhibit P11 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER BEFORE THE 1ST
RESPONDENT DATED 16/05/2022.
Exhibit P12 THE TRUE COPY OF THE PROCEEDING SHEET
REF. A 732/2016(LAC 3432) ISSUED BY 1ST
RESPONDENT TO RELEASE THE COMPENSATION
AMOUNT.
Exhibit P13 THE TRUE COPY OF THE STATEMENT SUBMITTED
BEFORE THE DISTRICT COURT THALASSERY IN
O.P.LANH. 489/2022 DATED:NIL
Exhibit P14 THE TRUE COPY OF THE COMMON JUDGMENT
DATED 25/03/2023 IN OS NO. 66/2018 AND OS
NO.200/2010 OF SUB COURT, PAYYANNUR
