Kerala High Court
Pathumma Kallan vs State Of Kerala on 27 June, 2025
2025:KER:47001
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 27TH DAY OF JUNE 2025 / 6TH ASHADHA, 1947
WP(C) NO. 8374 OF 2022
PETITIONER:
PATHUMMA KALLAN,
AGED 58 YEARS
D/O. KUNHI MOHAMMED HAJI KALLAN, JARATHINGAL P.O, KADAMPUZHA
676 553, TIRUR TALUK, MALAPPURAM DISTRICT.
BY ADVS.
SHRI.K.K.SAIDALAVI
SRI.K.K.NASRUL HAQUE
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, PUBLIC WORKS DEPARTMENT
(ROADS), SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2 UNION OF INDIA,
REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT
AND HIGHWAYS, TRANSPORT BHAVAN 1, PARLIAMENT STREET, NEW
DELHI 110 001.
3 THE NATIONAL HIGHWAYS AUTHORITY OF INDIA,
REPRESENTED BY ITS PROJECT DIRECTOR, PIU, NATIONAL HIGHWAYS
AUTHORITY OF INDIA, NO. 8/1187, ARUMUGHAM COLONY, CHANDRA
NAGAR, PALAKKAD DISTRICT, PIN 678 007.
4 THE DEPUTY COLLECTOR AND COMPETENT AUTHORITY,
OFFICE OF THE DEPUTY COLLECTOR (LA), (NH-66), KOTTAKKAL,
MALAPPURAM DISTRICT, PIN 676503.
5 SHEREEFA KUNHATTA BEEVI @ AATTA BEEVI,
AGED 63 YEARS
D/O. SAYD HUSSAIN JIFRI ATTA KOYA THANGAL, PUTHIYA
MALIYEKKAL, THIRUR TALUK, KALPAKANCHERRY, MALAPPURAM 676
551.
6 SAYED FASAL JIFRI THANGAL @ MUHAMMED KOYA,
AGED 62 YEARS
S/O. SAYED HUSSAIN JIFRI AATTA KOYA THANGAL, PUTHIYA
MALIYEKKAL, THIRUR TALUK, KALPAKANCHERRY, MALAPPURAM 676
WP(C) No. 8374 of 2022 -2-
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551.
7 SAYED UMMER HARIS,
AGED 33 YEARS
S/O. AYADROSE KOYA THANGAL, KADALUNDI KODAKKATTAKATH,
THIRUR TALUK, KALPAKANCHERRY, MALAPPURAM 676 551.
*ADDL.R8 ADDL.R8 JAMEELA,
W/O. SAYED FAZAL JIFRI (BAVUTTY) THANGAL, PUTHIYA
MALIYEKKAL, NEAR ANGANAVADI, PILATHARA, KADAMPUZHA P.O.,
MALAPPURAM, PIN-676553.
*ADDL.R9 ADDL.R9 SAYED MUHAMMED SHEHEER JIFRI THANGAL,
S/O.FAZAL JIFRI (BAVUTTY) TANGAL, PUTHIYA MALIYEKKAL,
NEAR ANGANAVADI, PILATHARA, P.O. KADAMPUZHA, MALAPPURAM,
PIN - 676553.
*ADDL.R10 ADDL.R10 SAYYIDATH SAFUWANA JIFRI,
D/O. SAYED FAZAL JIFRI(BAVUTTY) THANGAL, PUTHIYA
MALIYEKKAL, NEAR ANGANAVADI PILATARA, KADAMPUZHA P.O.,
MALAPPURAM, PIN - 676553 [ADDL.R8 TO R10 ARE IMPLEADING
AS PER ORDER DATED 19.03.2024 IN I.A-3/2024 IN WP(C)
8374/2022]
**ADDL.R11 SMT.NASEEBA SHAREEFA BEEVI
W/O.SHIHAB KOYA THANGAL AND D/O.SHAREEFA KUNHATA BEEVI,
PUTHIYA MALIYEKKAL HOUSE, THALLACHIRA, NATTAKAL P.O.,
PALAKKAD (DISTRICT)).
(*ADDL.R8 TO R10 ARE IMPLEADED AS PER ORDER DATED
19.03.2024 IN IA NO.3/2024 IN THE WRIT PETITION)
(**ADDL.R11 IS IMPLEADED AS PER ORDER DATED 27.06.2025
IN IA NO.5/2024 IN THE WRIT PETITION)
BY ADVS.
SRI.JAMSHEED HAFIZ
SMT.T.S.SREEKUTTY
GP- RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
27.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 27th day of June, 2025
Petitioner has approached this Court seeking a direction
commanding the 4th respondent to release the compensation
amount fixed for the building and structure within a time frame, for
which Ext.P6 request is pending consideration before the 4 th
respondent.
2. Petitioner would submit that in respect of the property in
question a suit has been filed by respondents 5 to 7 as OS No.132 of
2019 before the Munsiff Court, Tirur against petitioner and 21 others
including the 4th respondent for a temporary injunction seeking not
to disburse the compensation amount towards land acquired for the
widening of National Highway. Due to the pendency of the suit the
amount determined as per Ext.P4 has not been paid to the
petitioner. The learned Counsel for the petitioner would submit that
the suit, OS No.132 of 2019 pending before the Munsiff Court, Tirur
has been dismissed for default as per order dated 19.05.2025.
Therefore, the pendency of the suit cannot be stated as a reason for
not disbursing the amount due to the petitioner.
Admittedy, Ext.P6 application is pending consideration before
the 4th respondent. Therefore, petitioner may approach the 4 th
respondent with necessary request claiming the amount determined
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for the land as well as the structures thereon, with an appropriate
representation which shall be filed within a period of one week from
the date of receipt of a copy of this judgment along with supporting
documents regarding the dismissal of this suit. The 4 th respondent
shall take a decision on the said request within a further period of
two months, and if there are no other legal impediment in disbursing
the amount due to the petitioner, the same shall be disbursed within
a period of two weeks thereafter. The party respondents shall also be
heard while taking a decision as directed above.
The writ petition is disposed of as above.
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
2025:KER:47001
APPENDIX OF WP(C) 8374/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DOCUMENT NO. 259/2001 OF
SRO, KALPAKANCHERRY IN THE YEAR 2001.
Exhibit P2 TRUE PHOTOGRAPHS OF SHOP BUILDING.
Exhibit P3 TRUE COPY OF THE DOCUMENT NO. 6/1993 OF
SRO, KALPAKANCHERRY.
Exhibit P4 TRUE COPY OF THE PROCEEDINGS NO. D
2693/2021/TIR/895 DATED 28.09.2021 SHOWING
THE COMPENSATION DETAILS.
Exhibit P5 TRUE COPY OF THE AFFIDAVIT AND INJUNCTION
APPLICATION FILED BY THE PLAINTIFF IN O.S.
NO. 132/2019 BEFORE THE MUNSIFF COURT,
TIRUR.
Exhibit P6 TRUE COPY OF THE REPRESENTATION SUBMITTED
BEFORE THE 4TH RESPONDENT DATED 6.9.2021.
Exhibit P6(a) TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT
CARD.
