Kerala High Court

J.Premkumar vs Union Of India on 8 August, 2025

W.P. (C) No. 20233 of 2025          :1:                2025:KER:59630

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

               THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

     FRIDAY, THE 8TH DAY OF AUGUST 2025 / 17TH SRAVANA, 1947

                             WP(C) NO. 20233 OF 2023

PETITIONER:

          J.PREMKUMAR,AGED 60 YEARS,
          S/O.LATE P.K.JANARDANAN, MADATHILPARAMBIL,
          OPP. STATE BANK OF INDIA, COURT JUNCTION,
          CHERTHALA P.O., ALAPPUZHA DISTRICT, PIN - 688524


          BY ADVS.
          DR.V.N.SANKARJEE
          SRI.V.N.MADHUSUDANAN
          SMT.R.UDAYA JYOTHI
          SMT. KEERTHI B. CHANDRAN
          SRI.VIJAYAN PILLAI P.K.
          SMT.SHILPA P.S.
          SRI.UNNIKRISHNAN H.
          SRI.ASWIN P.S.
          SMT.SHRIYA MERLIN MAXWELL




RESPONDENTS:

    1     UNION OF INDIA
          REPRESENTED BY SECRETARY,
          MINISTRY OF ROAD TRANSPORT AND HIGHWAYS OF INDIA,
          CENTRAL SECRETARIATE, NEW DELHI., PIN - 110001

    2     PROJECT DIRECTOR
          PROJECT IMPLEMENTATION UNIT,
          NHAI-PUI-TVM, NO.36/414(3),
          NEAR N.S.S. HIGHER SECONDARY SCHOOL,
          PALKULANGARA, THIRUVANANTHAPURAM, PIN - 695 024
 W.P. (C) No. 20233 of 2025    :2:                2025:KER:59630


    3     DISTRICT COLLECTOR
          COLLECTORATE, CIVIL STATION,
          ALAPPUZHA DISTRICT, PIN - 688 001

    4     SPECIAL DEPUTY COLLECTOR & COMPETENT AUTHORITY (LA) NH
          COLLECTORATE, ALAPPUZHA DISTRICT, PIN - 688 001

    5     SPECIAL TAHSILDAR
          LAND ACQUISITION (NH) CHERTHALA, CHERTHALA P.O.,
          ALAPPUZHA DISTRICT, PIN - 688524


          BY ADV SMT.MINI GOPINATH, SENIOR PANEL COUNSEL


OTHER PRESENT:

          SMT.DEEPA NARAYANAN, SR. GP


        THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
08.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P. (C) No. 20233 of 2025            :3:                2025:KER:59630


                          C. JAYACHANDRAN, J.
                ===========================
                       W.P. (C) No. 20233 of 2025
                ============================
                 Dated this the 8th day of August, 2025

                                    JUDGMENT

The petitioner claims title to 20.10 ares of land under and

by virtue of Ext.P1 and P2 documents. On the eastern boundary of

the property lies the NH-66, in the north-south direction. Ext.P3 is a

notification for the acquisition of 0.0218 hectare (02.18 ares) of the

property owned and possessed by the petitioner for widening of the

National Highway. Although the petitioner approached the 5 th

respondent Special Deputy Collector and competent authority and

produced copies of the title deed, basic tax receipt, etc, nothing

worthwhile transpired, is the grievance. Learned counsel would

confirm that acquisition has already been over. However, no Award

is passed, is the specific grievance espoused in the Writ Petition.

2. Heard the learned counsel for the petitioner, learned

Government Pleader and the Senior Panel counsel on behalf of

respondents 1 and 2. Perused the records.

3. Learned Government Pleader would submit that going

by the petitioner's title deed, none of the boundary is shown as

National Highway. There is also discrepancy with respect to the W.P. (C) No. 20233 of 2025 :4: 2025:KER:59630

extent to which the petitioner is entitled to. While his title deed

could indicate that he is entitled to 17 ares, the possession

certificate and other revenue certificate would indicate 20.10 ares.

Therefore, according to the learned Government Pleader, the extent

while lies in between the National Highway before widening and the

petitioner's property will have to be established to be the property

in the hands of the petitioner, so as to entitle him to claim an Award

for compensation.

4. In answer to the above, learned counsel for the

petitioner would submit that all the revenue certificates would

unerringly indicate an extent of 20.10 ares and Exts.P17 would

specifically indicate the boundary as National Highway.

5. This Court notice that Ext.P6 and P12 applications are

pending before the 4th respondent, which pertains to the

petitioner's claim for compensation pursuant to acquisition. At the

first instance, this Court is of the opinion that, those representations

are to be considered and orders passed.

6. In the circumstances, there will be direction to the 4th

respondent to consider and pass orders on Ext.P6 and P12,

expeditiously, at any rate, within a period of one month from the

date of receipt of a copy of this judgment. Needless to say, the W.P. (C) No. 20233 of 2025 :5: 2025:KER:59630

petitioner will be afforded with an opportunity of being heard before

taking a final call in Ext.P6 and P12. The petitioner will produce a

copy of the judgment before the 4th respondent, for compliance.

The contention of the learned Government Pleader that the

petitioner had failed to respond to a hearing notice issued by the

4th respondent need not stand in the way of the present relief being

granted by this Court in favour of the petitioner. Let the petitioner's

claim be adjudicated on merits and an order be passed in

accordance with law as directed above.

The writ petition is disposed of as above.

Sd/-

C. JAYACHANDRAN JUDGE nk W.P. (C) No. 20233 of 2025 :6: 2025:KER:59630

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE GIFT DEED NO.994 DATED 15- 03-2001 OF THE SRO CHERTHALA Exhibit P2 TRUE COPY OF BASIC TAX RECEIPT NO.KL04020403608/2022 DATED 10-05-2022, ISSUED BY VILLAGE OFFICER, CHERTHALA SOUTH VILLAGE Exhibit P3 TRUE COPY OF THE NOTIFICATION ISSUED BY THE 1ST RESPONDENT IN THE MATHRUBHOOMI DAILY DATED 15-06-2021 Exhibit P4 TRUE COPY OF NOTICE NO.LAC-62/2021 DATED 22- 05-2022, ISSUED BY THE 5TH RESPONDENT Exhibit P5 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 25-06-2022 SHOWING THE FACTUM OF RECEIPT OF THE DOCUMENTS BY THE OFFICE OF 5TH RESPONDENT Exhibit P6 TRUE COPY OF THE NOTICE NO.LAC 62/2021/A5 DATED 07-03-2023,ISSUED BY THE 5TH RESPONDENT Exhibit P7 TRUE COPY OF REPLY DATED 27-03-2023, SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT Exhibit P8 TRUE COPY OF LOCATION SKETCH DATED 10-10-2022 ISSUED BY VILLAGE OFFICER, CHERTHALA SOUTH VILLAGE Exhibit P9 TRUE COPY OF FIELD SKETCH DATED 03-10-2022 ISSUED BY VILLAGE OFFICER, CHERTHALA SOUTH VILLAGE Exhibit P10 TRUE COPY OF THE NOTICE NO.A2-32/2018 DATED 19-04-2023, ISSUED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT, THE COPY OF WHICH IS GIVEN TO THE PETITIONER Exhibit P11 TRUE COPY OF NOTICE NO. LAC 62/21 DATED 22-5- 2023, ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER Exhibit P12 TRUE COPY OF REPLY DATED 24-05-2023, ISSUED BY THE PETITIONER TO THE 5TH RESPONDENT Exhibit P13 TRUE COPY OF THE POSSESSION AND NON-

ATTACHMENT CERTIFICATE NO. 56532353 DATED 29.6.2021 ISSUED IN RESPECT OF THE SAID 20.10 ARE FROM THE CHERTHALA SOUTH VILLAGE OFFICE W.P. (C) No. 20233 of 2025 :7: 2025:KER:59630

Exhibit P14 TRUE COPY OF THANDAPER ACCOUNT NO. 819 IN MY NAME IN RESPECT OF THE SAD 20.10 ARE Exhibit P15 TRUE COPY OF BASIC TAX REGISTER DATED 21.6.2021 ISSUED BY THE VILLAGE OFFICER OF CHERTHALA SOUTH VILLAGE Exhibit P16 TRUE COPY OF CERTIFICATE OF ENCUMBRANCE, GS NO. 4716/2022, I.D. NO. P22687854 DATED 17.5.2022 ISSUED BY THE DEPARTMENT OF REGISTRATION, KERALA Exhibit P17 TRUE COPY OF THE RELEVANT PAGES OF THE PARTITION DEED NO. 588/1953 DATED 8.2.1953 ON THE FILE OF THE S.R.O., CHERTHALA Exhibit P18 TRUE COPY OF THE WILL DATED 1.8.1998 NO.

51/1998 ON THE FILE OF THE S.R.O., CHERTHALA Exhibit P19 TRUE COPY OF THE APPLICATION DATED 27.9.2005 SUBMITTED BY MY MOTHER SUBHA FOR AND ON MY BEHALF BEFORE THE CHERTHALA SURVEY OFFICER WITH ITS TYPED (LEGIBLE) COPY