Mathew John vs National Highway Authority Of India on 19 February, 2026

                                               2026:KER:15155
W.P.(C) No.16602 of 2023
                                1

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

        THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

THURSDAY, THE 19TH DAY OF FEBRUARY 2026 / 30TH MAGHA, 1947

                     WP(C) NO. 16602 OF 2023

PETITIONER:

           MATHEW    JOHN,    AGED     56     YEARS,    ANNS,
           CHANGANKULANGARA    MURI,      OACHIRA    VILLAGE,
           KARUNAGAPPALLY TALUK, KOLLAM, PIN - 690 518


           BY ADVS.
           SMT.BHANU THILAK
           SHRI.S.R.PRASANTH




RESPONDENTS:

    1      NATIONAL HIGHWAY AUTHORITY OF INDIA, REP. BY
           PROJECT DIRECTOR NHAI, NO.36/414(III), NEAR NSS
           HIGHER SECONDARY SCHOOL, PALKULANGARA,
           THIRUVANANTHAPURAM, PIN - 695 024

    2      SPECIAL DEPUTY COLLECTOR (LA), NH & COMPETENT
           AUTHORITY
           KOLLAM COLLECTORATE, KOLLAM, PIN - 691 011

    3      SANDHYA C GOPINATH, AGED 34 YEARS, D/O.
           SARASWATHY AMMA PUTHENVEEDU, ADINADU NORTH,
           ADINADU VILLAGE, KARUNAGAPPALLY TALUK KOLLAM, PIN
           - 690 518


           BY ADVS.
           SMT.SINDHU SANTHALINGAM
           SHRI.A.D.SHAJAN
           SHRI.RAJEEV RAJADHANI
                                             2026:KER:15155
W.P.(C) No.16602 of 2023
                              2




           SMT. SYLAJA S.L, G P


      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 19.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                       2026:KER:15155
W.P.(C) No.16602 of 2023
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                           JUDGMENT

I have heard Sri.S.R. Prasanth, the learned counsel for

the petitioner, Sri. A.D. Shajan, the learned counsel for the 3 rd

respondent herein, Sri.B.G. Bidan Chandran, the learned

Standing Counsel for the 1st respondent and Smt.Shylaja, the

learned Government Pleader for the 2nd respondent.

2. The petitioner is stated to be the owner of the

property extending to 1.07 Ares in Re.Sy. No.312/4-3 Block

No.3 of Oachira Village, Karunagappally Taluk. The

aforementioned property has been devolved on the petitioner on

the basis of Ext.P1 settlement deed executed by his parents.

With reference to the payment of tax, etc., the petitioner states

that the property is in his rightful possession and enjoyment. A

portion of the property as above was acquired under the

provisions of the National Highways Act, and Ext.P7 award dated

17.09.2021 is also issued by the 2 nd respondent herein.

However, a reading of Ext.P7 shows that though the property

concerned is possessed by the petitioner herein on account of

the pendency of a suit before the Munsiff's Court, 2026:KER:15155

Karunagappally, the 2nd respondent is not in a position to

disburse the compensation amount to the petitioner, and the

afore amount is being deposited in the bank. The order further

states that the afore amount would be paid only after the

conclusion of the civil case. It is seeking to challenge Ext.P7

issued as above that the petitioner is before this Court.

3. The learned counsel for the petitioner points

out that the reference to the civil suit pendency pointed out in

Ext.P7 has no connection with the property that is the subject

matter of the award. According to him, the petitioner's parents

have transferred one shop room as well as the adjoining

varanda on the western side of the property to one Koshy Kunj,

pursuant to Ext.P3 sale deed, however, reserving the right over

30 square meters of land for making subsequent constructions.

However, Koshy Kunj, referred to above, transferred the shop

room as well as the varanda along with the 30 square meters to

a 3rd party - the parents of the 3rd respondent herein, and it is in

such circumstances, the petitioner instituted O.S. No.143 of

2020 before the Munsiff's Court, Karunagapally, seeking for an

order restraining the 3rd respondent herein from receiving 2026:KER:15155

compensation with respect to the extend of "30 square meters"

referred to above. The counsel further adds that the Munsiff's

Court, in such circumstances, issued Ext.P6 order dated

17.08.2020, restraining the party respondent herein from

receiving the amount towards compensation as regards the 30

square meters referred to above.

4. In the afore circumstances, it is the submission

of the learned counsel for the petitioner that the property which

is the subject matter of the suit and the property which is the

subject matter of the award being different, there was no

justification for the 2nd respondent herein in not disbursing the

amount of compensation to the petitioner herein. He also

invites the attention of this Court to Ext.P9 representation

submitted before the 2nd respondent herein, pointing out all the

afore aspects.

5. In the representation filed as above, the

petitioner has also pointed out that as regards the 30 square

meters of property, a separate award has also been issued, as

evidenced by Ext.P8 dated 18.09.2021.

6. On a consideration of the contents raised as 2026:KER:15155

above, I am of the opinion that ultimately the 2 nd respondent

needs to have noticed as to whether the property which was the

subject matter of the suit and the property which was the

subject matter of Ext.P7 are one and the same, especially when

a separate award at Ext.P8 has been issued with respect to the

property, which is the subject matter of the suit.

In such circumstances, I dispose of this writ petition

directing the 2nd respondent herein to take note of the

contention raised in Ext.P9 and to pass appropriate orders

thereon, also taking into account the differentiation pointed out

by the petitioner, as expeditiously as possible, at any rate,

within a period of four weeks from the date of receipt of a copy

of this judgment. Needless to say, the petitioner as well as the

3rd respondent shall be afforded an opportunity of being heard in

the matter.

Sd/-

HARISANKAR V. MENON JUDGE PR 2026:KER:15155

APPENDIX OF WP(C) NO. 16602 OF 2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SETTLEMENT DEED NO.

136/1996 DATED 11-01-1996 EXECUTED BY THE PARENTS OF THE PETITIONER HEREIN IN FAVOR OF THE PETITIONER Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT OF THE PROPERTY OF THE PETITIONER DATED 14-02-2020 Exhibit P3 TRUE COPY OF THE SALE DEED EXECUTED BY THE PARENTS OF THE PETITIONER IN FAVOR OF KOSHI KUNJU, AS PER DEED NO.

3043/1992 DATED 28-09-1992 Exhibit P4 TRUE COPY OF THE O.S NO. 203 OF 2020 OF THE MUNSIFFS COURT KARUNAGAPPALLY Exhibit P5 TRUE COPY OF THE PLAINT IN O.S NO.

143/2020 BEFORE THE MUNSIFFS COURT, KARUNAGAPPALLY Exhibit P6 TRUE COPY OF THE ORDER DATED 17-08-2020 IN I.A NO. 01/2020 IN O.S NO. 143/2020 ON THE FILES OF MUNSIFF'S COURT, KARUNAGAPPALLY Exhibit P7 TRUE COPY OF THE 3(G)(I) ORDER OF THE 2ND RESPONDENT IN A1-559/2021 SANCTIONING THE COMPENSATION AMOUNT TO THE PETITIONER HEREIN DATED 17-09-2021 Exhibit P8 TRUE COPY OF THE 3(G)(I) ORDER OF THE

SANCTIONING THE COMPENSATION AMOUNT TO THE 3RD RESPONDENT HEREIN DATED 18-09-

Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 25-10-2022 FILED BY THE PETITIONER HEREIN BEFORE THE 2ND RESPONDENT ALONG WITH RECEIPT DATED 25-10-2022 RESPONDENT EXHIBITS

Exhibit R3(a) A TRUE COPY OF THE CMP NO. 1602/2020 DTD. 1/7/2020 FILED BY MOTHER OF THE 3RD RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, 2026:KER:15155

KARUNAGAPPALLY Exhibit R3(b) A TRUE COPY OF THE FIR NO. 1798/2020 DTD. 3/7/2020 OF THE OACHIRA POLICE STATION Exhibit R3(c) A TRUE COPY OF THE O S NO. 246/2021 FILED BEFORE THE MUNSIFF COURT, KARUNAGAPPALLY BY THE 3RD RESPONDENT AGAINST THE PETITIONER AND OTHERS Exhibit R3(d) A TRUE COPY OF THE OBJECTION IN I A NO.

1/2020 IN O S NO. 143/2020 FILED BY THE 3RD RESPONDENT AND MOTHER BEFORE THE MUNSIFF COURT, KARUNAGAPPALLY Exhibit R3(e) A TRUE COPY OF THE RECEIPT NO.

KL02021103982/2020 DATED 9/6/2020 ISSUED BY THE VILLAGE OFFICE, OACHIRA FOR THE PERIOD 2021 Exhibit R3(f) A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 15/10/2016 ISSUED IN THE NAME OF THE 3RD RESPONDENT BY THE OACHIRA VILLAGE AUTHORITIES Exhibit R3(g) A TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 17/6/2020 ISSUED IN THE NAME OF 3RD RESPONDENT BY THE OACHIRA GRAMA PANCHAYAT