Anitha Elizabeth John vs National Highway Authority Of India
2024 Latest Caselaw 17486 Ker

Kerala High Court

Anitha Elizabeth John vs National Highway Authority Of India on 21 June, 2024

Author: T.R.Ravi

Bench: T.R.Ravi

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
               THE HONOURABLE MR. JUSTICE T.R.RAVI
   FRIDAY, THE 21ST DAY OF JUNE 2024 / 31ST JYAISHTA, 1946
                    WP(C) NO. 20641 OF 2024
PETITIONER:

          ANITHA ELIZABETH JOHN
          AGED 63 YEARS
          W/O ABRAHAM MATHEW RESIDING AT B5 DIVINE HOMES
          THUTHIYOOR CSEZ P.O KOCHI, PIN - 682037

          BY ADVS.
          SRI. M.HARISHARMA
          SRI. D.NARENDRANATH


RESPONDENTS:

    1     NATIONAL HIGHWAY AUTHORITY OF INDIA
          REPRESENTED BY ITS MANAGING DIRECTOR G-5 & 6C ,
          SECTOR - 10 DWARKA , NEW DELHI, PIN - 110075
    2     JACOB JOHN
          S/O T.C JOHN RESIDING AT THAZHATHILLATHU , RAILWAY
          STATION P.O THIRUVALLA, PIN - 689111
    3     JYOTHI MARIAM JOHN
          W/O VARGHESE JOHN
          RESIDING AT SAMAYUTHA UC COLLEGE P.O ALUVA, PIN -
          683102

          BY ADV.
          SRI. B. G. BIDAN CHANDRAN, SC.




    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20641 OF 2024
                                      2




                                T.R.RAVI.J
             -------------------------------------------------------
                       WP(C) No. 20641 of 2024
           --------------------------------------------------------
               Dated this the 21st day of June, 2024

                               JUDGMENT

The writ petition has been filed apprehending that the

2nd respondent who is the nominee, would appropriate the entire

amount received as compensation to himself, to the exclusion of

the petitioner and the 3rd respondent, who are other legal heirs

of the deceased Aleyamma John. The responsibility of the 1 st

respondent is only to pay to the nominee and they cannot decide

on how the amount should be shared between the legal heirs.

The appropriate remedy of the petitioner is to approach the Civil

Court, for distribution of the assets of late Aleyamma John. The

nominee, it is well settled, holds the property on behalf of all

the legal heirs.

WP(C) NO. 20641 OF 2024

In such circumstances, this writ petition is disposed of

with liberty to the petitioner to move the appropriate Civil

Court.

Sd/-

T.R.RAVI

JUDGE AJ WP(C) NO. 20641 OF 2024

APPENDIX OF WP(C) 20641/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF A REGISTERED WILL HAVING NO.

166/ILL/2017 OF PRINCIPAL SRO, KOTTARAKARA, DATED 06/12/2017, Exhibit P2 TRUE COPY OF THE SALE DEED HAVING NUMBER 2042/2019 PRINCIPAL SRO, K6TTARAKARA, DATED 02/09/2019 Exhibit P3 TRUE COPY OF THE DEATH CERTIFICATE DATED 26/07/2022 ISSUED BY THE TAHSILDAR, KOTTARAKKARA HAVING NUMBER D0020179~220

Exhibit P4 TRUE COPY OF THE RECEIPT OF THE RTI APPLICATION NO. NHAIN/R/E/23/02635 DATED 15/06/2023 Exhibit P5 TRUE COPY OF THE REPLY ISSUED BY THE FIRST RESPONDENT DATED 06/07/2023 TO EXHIBIT P4 Exhibit P6 TRUE COPY OF THE LETTER DATED 26.04.2024 SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT Exhibit P7 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE ISSUED BY THE THAHSILDAR, KOTTARA]CKARA DATED 15/03/2023 HAVING NUMBER TLKKTR/220/2023/A 4/KDI Exhibit P8 TRUE COPY OF THE LETTER DATED. 11/07/2023 SUBMITTED BY THE PETITIONER AND THE 2ND RESPONDENT BEFORE THE FIRST RESPONDENT Exhibit P9 TRUE COPY OF THE EMAIL FORWARDED BY THE ]T. ADVISOR(FIN) OF THE 1 ST RESPONDENT DATED 06/05/2024,