Petitioner sought mandamus for release of land acquisition compensation and vacant possession of tenants. Court recorded facts stating the second respondent had already disbursed the compensation amount on 20.10.2020.
Court recorded that compensation was already disbursed on 20.10.2020; no further specific relief ordered in this order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
TUESDAY, THE 03RD DAY OF NOVEMBER 2020 / 12TH KARTHIKA, 1942
WP(C).No.13109 OF 2020(K)
PETITIONER:
BHANUMATHIAMMA, AGED 73 YEARS W/O. GOVINDAN NAIR, BHANUNILAYAM, P.O.EZHILODE, VIA KUNHIMANGALAM, KANNUR-670309.
BY ADVS.
SRI.ABDUL RAOOF PALLIPATH SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 THE DISTRICT COLLECTOR, KANNUR-670002.
4 THE PROJECT DIRECTOR, THE NATIONAL HIGHWAY AUTHORITY OF INDIA, P.O. CIVIL STATION, KOZHIKODE-673020.
R1-R3 BY SMT K.AMMINIKUTTY-SR GOVERNMENT PLEADER R4 BY ADV. SRI.K.A.SALIL NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner, who was the owner in possession of a property having an extent of 0.0134 hectares (3.31 cents) in Resurvey No.246/1A2 (246/6) in Ezhilode Village with a building situated therein, which was acquired for the purpose of widening of National Highway as per notification dated 17.12.2013 issued by the National Highway Authority of India, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to release the compensation amount awarded to her within a stipulated time. The petitioner has also sought for a writ of mandamus commanding the 1st respondent to issue appropriate order as per Section 3E(2)(b) of the National Highway Act to get the vacant possession of the remaining tenants in the building acquired from her within a reasonable time.
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01.10.2020. A statement filed by the 2nd respondent dated 19.10.2020 is placed on record, today, as Bench mark. Paragraphs 2 to 5 of the said statement reads thus:
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with building in it, even after the lapse of 60 days from the issue of above notices.
petitioner has already received the amount of compensation, from the 2nd respondent.
Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of recording
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the fact that the 2nd respondent has already disbursed the amount
of compensation payable to the petitioner, on 20.10.2020.
Sd/-
ANIL K.NARENDRAN
JV
JUDGE
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TERUE COPY OF THE NOTICE NO. REF.A695/2018(2) DATED 02/08/2018. EXHIBIT P2 TRUE COPY OF THE RECEIPT DATED 11/10/2018. EXHIBIT P3 TRUE COPY OF THE NOTICE NO. 695/18 (LAC NO.2483-105) ISSUED BY THE 2ND RESPONDENT DATED 27/11/2019. EXHIBIT P4 TRUE COPY OF THE NOTICE REF. 695/18 (LAC NO.2483-105) ISSUED BY THE 2ND RESPONDENT DATED 27/11/2019. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WPC 34719/2019 DATED 25/02/2020 OF THIS HON'BLE COURT.
2 issues framed by the court
Whether compensation for land acquired for highway widening had been released or was still pending with the authorities.
Whether the petitioner was entitled to a further order for vacant possession of tenants in the acquired building.
4 provisions across 3 enactments
BHANUMATHIAMMA
THE DISTRICT COLLECTOR, KANNUR
THE SPECIAL DEPUTY COLLECTOR (LA), NHAI, KANNUR
THE SPECIAL TAHSILDAR, LA, NH, UNIT-II, TALIPARAMBA, KANNUR DISTRICT
THE PROJECT DIRECTOR, THE NATIONAL HIGHWAY AUTHORITY OF INDIA, KOZHIKODE
ANIL K.NARENDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
