Disposed

Sathyanandan M.G., v. the Project Director

Kerala HC1 Jul 2022WP(C)/11350/2022

Case brief

AI extract

What is this about?

This judgment addresses writ petitions concerning land acquisition compensation. The court declined to decide on compensation immediately due to pending title deed verification disputes and deferred all contentions to the appropriate authority. Parties were directed to appear before the 3rd respondent to proceed with the acquisition processes. Interim orders were continued.

What did the court decide?

Parties directed to appear before the 3rd respondent on 08.07.2022. Preliminary contentions left open for the appropriate authority. Interim order continued.

Sathyanandan M.G., Vs the Project Director — Land Acquisition | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4

FRIDAY, THE 1^ST DAY OF JULY 2022 / 10TH ASHADHA, 1944

¶5

WP(C) NO. 11350 OF 2022

¶6

PETITIONER:

¶7

SATHYANANDAN M.G., AGED 75 YEARS S/O.GOVINDAN, IYYANIMANDABULLI HOUSE, NATTIKA, THRISSUR DISTRICT, PIN-680 566.

¶8

BY ADVS. T.KRISHNANUNNI (SR.) VINOD RAVINDRANATH MEENA.A. K.C.KIRAN M.R.MINI M.DEVESH ASHWIN SATHYANATH ANISH ANTONY ANATHAZHATH THAREEQ ANVER K.

¶9

RESPONDENTS:

¶10

1 THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, KOZHIKODE-673 001.

¶11

2 THE DISTRICT COLLECTOR AND ARBITRATOR, NHAI, THRISSUR, PIN-680 001.

¶12

3 THE SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION (NH 17), OFFICE OF THE SPECIAL DEPUTY COLLECTOR (LA), NH 17, KODUNGALLUR, THRISSUR DISTRICT, PIN-680 664.

¶13

4 THE SPECIAL TAHSILDAR (LA), UNIT 4, OFFICE OF THE SPECIAL DEPUTY COLLECTOR (LA), NH 17, KODUNGALLUR, THRISSUR DISTRICT, PIN-680 664.

¶14

5 GOURI DEVI, PARAPARAMBIL HOUSE, NATTIKA P.O., THRISSUR DISTRICT, PIN-680 566.

¶15

W.P.(C). 11350 &18394/2022

¶16

¶17

6 SATHYAPRABHA GOVINDAN, FLAT NO.101, SREE BHAGAVAN ELITE MANIPPAL COUNTRY ROAD, BANGALORE, PIN-560 068.

¶18

7 REJU NANDAN M.G., MANDAMBULLY HOUSE, THRITHALOOR P.O., THRISSUR DISTRICT, PIN-680 619.

¶19

BY ADV C.E.UNNIKRISHNAN

¶20

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.07.2022, ALONG WITH WP(C).18394/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶21

W.P.(C). 11350 &18394/2022

¶22

¶23

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶24

PRESENT

¶25

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶26

FRIDAY, THE 1^ST DAY OF JULY 2022 / 10TH ASHADHA, 1944 WP(C) NO. 18394 OF 2022

¶27

PETITIONER/S:

¶28

SATHYANANDAN M. G. AGED 75 YEARS S/O. GOVINDAN, IYYANIMANDABULLI HOUSE, NATTIKA, THRISSUR DISTRICT, PIN - 680 566.

¶29

BY ADVS. T.KRISHNANUNNI (SR.) VINOD RAVINDRANATH K.C.KIRAN M.R.MINI M.DEVESH ASHWIN SATHYANATH ANISH ANTONY ANATHAZHATH THAREEQ ANVER K. MEENA.A.

¶30

RESPONDENT/S:

¶31

1 THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, KOZHIKODE 673 001.

¶32

2 THE DISTRICT COLLECTOR AND ARBITRATOR NHAI, THRISSUR, PIN-680 001.

¶33

3 THE SPECIAL DEPUTY COLLECTOR LAND ACQUISITION (NH 17), OFFICE OF THE SPECIAL DEPUTY COLLECTOR (LA), NH 17, KODUNGALLUR, THRISSUR DISTRICT, PIN - 680 664.

¶34

W.P.(C). 11350 &18394/2022

¶35

¶36

4 THE SPECIAL TAHSILDAR (LA) UNIT 4, OFFICE OF THE SPECIAL DEPUTY COLLECTOR (LA), NH 17, KODUNGALLUR, THRISSUR DISTRICT - 680 664.

¶37

5 GOURI DEVI PARAPARAMBIL HOUSE, NATTIKA P. O., THRISSUR DISTRICT, PIN - 680 566.

¶38

6 SATHYAPRABHA GOVINDAN FLAT NO. 101, SREE BHAGAVAN ELITE MANIPPAL COUNTRY ROAD, BANGALORE, PIN - 560 068.

¶39

7 REJU NANDAN M. G. MANDAMBULLY HOUSE, THRITHALOOR P. O., THRISSUR DISTRICT, PIN-680 619.

¶40

8 REGHU NANDANAN S/O GOVINDAN, IYYANIMANDABULLI HOUSE, NATTIKA, THRISSUR, PIN-680 566.

¶41

9 ACHUTHANANDAN S/O GOVINDAN, IYYANIMANDABULLI HOUSE, NATTIKA, THRISSUR, PIN-680 566.

¶42

ADDL.R10 PROJECT DIRECTOR NATIONAL HIGHWAY AUTHORITY OF INDIA, KOCHI.

¶43

[IS SUO MOTU IMPLEADED AS ADDL.R10 AS PER ORDER DATED 08.06.2022 IN WP(C)18394/2022.]

¶44

BY ADVS. B.G.BIDAN CHANDRAN, SC, NATIONAL HIGHWAYS AUTHORITY OF INDIA GOVERNMENT PLEADER C.E.UNNIKRISHNAN VINAY MATHEW JOSEPH M.P.PRABHAKARAN (PALAKKAD)

¶45

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.07.2022, ALONG WITH WP(C).11350/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶46

W.P.(C). 11350 &18394/2022

¶47

¶48

JUDGMENT

¶49

[WP(C) Nos.11350/2022, 18394/2022]

¶50

The controversy centres around the compensation for

¶51

which the parties are entitled for acquisition of their property. The petitioner's prayer is to disburse the portion for which he is entitled immediately, while the party respondents contended that such an order cannot be passed at this juncture.

¶52

The learned Government Pleader submits, on instructions, that, compensation was determined under Section 3G(1) of the National Highway Act and notice under Section 3E(1) was issued calling upon the parties to produce their title deeds. In the meanwhile, the party respondents raised a claim for enhanced compensation and therefore, the 3^rd respondent deferred the proceedings on 02.08.2021. The parties have so far not produced their title deeds and the proceedings cannot be kept on hold indefinitely. Hence, if the parties are willing, they should appear before the authority immediately.

¶53

In the light of the above submission, I deem it appropriate to relegate the parties to appear before the 3^rd

¶54

W.P.(C). 11350 &18394/2022

¶55

¶56

respondent at 10.30 a.m. on 08.07.2022. The contentions raised in these writ petitions are left open to be raised at the appropriate time, before the appropriate authority/forum.

¶57

The writ petitions are closed accordingly.

¶58

Interim order in W.P.(C) No. 11350 of 2022 shall continue till the 3^rd respondent takes a decision in the matter.

Sd/-

V.G.ARUN

JUDGE

W.P.(C). 11350 &18394/2022

¶64

¶65

APPENDIX OF WP(C) 18394/2022

¶66

PETITIONER EXHIBITS

¶67

Exhibit	P1	TRUE COPY OF THE REGISTERED WILL DATED 01.01.1969 EXECUTED BY THE FATHER OF THE PETITIONER.
Exhibit	P2	TRUE COPY OF THE NOTICE DATED NIL ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
Exhibit	P2(a)	TRUE COPY OF THE NOTICE DATED NIL ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
Exhibit	P3	TRUE COPY OF THE NOTICE DATED 17.03.2022 ISSUED BY THE 4TH RESPONDENT.
Exhibit	P4	TRUE COPY OF THE WRITTEN SUBMISSIONS DATED 21.03.2022 BEFORE THE 4TH RESPONDENT BY THE PETITIONER.
Exhibit	P5	TRUE COPY OF THE REPRESENTATION DATED 21.03.2022 BEFORE THE 4TH RESPONDENT.
Exhibit	P6	TRUE COPY OF THE REPRESENTATION DATED 21.03.2022 BY THE 9TH RESPONDENT BEFORE THE 4TH RESPONDENT.
Exhibit	P7	TRUE COPY OF THE COMMUNICATION DATED 12.04.2022 ISSUED BY THE A.E.O, VALAPPAD.
RESPONDE	NT EXHIBITS

¶68

Exhibit R7 A	A TRUE COPY OF THE E4/NAT/006964/21 D	NOTICE NO.LAC: ATED 17/3/2022 RECEIVED
	BY THE 7TH RESPOND	ENT.
Exhibit R7 B	A TRUE COPY OF THE	LETTER DATED 21/03/2022
Exhibit R7 C	A TRUE COPY OF THE	NOTICE RECEIVED BY THE
	5TH RESPONDENT.
Exhibit R7 D	A TRUE COPY OF THE	LETTER DATED 21/3/2022

¶69

W.P.(C). 11350 &18394/2022

¶70

¶71

APPENDIX OF WP(C) 11350/2022

¶72

PETITIONER EXHIBITS

¶73

Exhibit P1 TRUE COPY OF THE REGISTERED WILL DATED 01.01.1969 EXECUTED BY THE FATHER OF THE PETITIONER Exhibit P2 TRUE COPY OF THE NOTICE DATED NIL ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. Exhibit P2 (a) TRUE COPY OF THE NOTICE DATED NIL ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. Exhibit P3 TRUE COPY OF THE DATED 17.03.2022 ISSUED BY THE 4TH RESPONDENT. Exhibit P4 TRUE COPY OF THE WRITTEN SUBMISSIONS DATED 21.03.2022 SUBMITTED BEFORE THE 4TH RESPONDENT BY THE PETITIONER.

Sathyanandan M.G., v. the Project Director

Case brief

What is this about?

What did the court decide?

Sathyanandan M.G., v. the Project Director

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M/S. Rs Development & Constructions (I) Pvt.Ltd., Vs State of Kerala

Panchami Kudumbashree Cds Unit, Vs State of Kerala

M.P.Mathew @ Mathai Vs State of Kerala

Mahesh G Vs the Union of India

K.I.Paulose Vs Kerala Water Authority

Asharaf K.K. Vs Reserve Bank of India