Petitioner sought release of withheld land acquisition compensation. Compensation had been deposited before the District Court due to a pending suit over title documents; that suit was since dismissed with a decree. Court directed petitioner to seek disbursement from the court where the deposit lies.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
MONDAY, THE 18TH DAY OF MARCH 2024 / 28TH PHALGUNA, 1945
WP(C) NO. 18454 OF 2022
PETITIONER:
DALY AGED 58 YEARS W/O ROBINSON, ARIMBOOR HOUSE, MANALUR VILLAGE, THRISSUR TALUK, THRISSUR, PIN - 680612 BY ADVS. RAJIT ARJUN S. RAJITHA NAIR M.
RESPONDENTS:
2 NATIONAL HIGHWAYS AUTHORITY OF INDIA - NHAI REPRESENTED BY THE PROJECT DIRECTOR, KAKKANAD, ERNAKULAM, PIN - 682030
3 SPECIAL DEPUTY COLLCTOR (LA) & COMPETENT AUTHORITY, KUTTIPPURAM EDAPPALLY NH 17 PROJECT, KODUNGALLUR P.O., THRISSUR DISTRICT, PIN - 680664
4 SPECIAL TAHSILDAR (LA), KUTTIPPURAM- EDAPPALLY NH 17 PROJECT, KODUNGALLUR, THRISSUR P.O., THRISSUR DISTRICT, PIN - 680664
BY ADVS. MANU.S.ASG OF INDIA E.C.KURIAKOSE MINI GOPINATH -CGC . LEJO JOSEPH GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)NO.18454/2022
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JUDGMENT
Dated this the 18th day of March, 2024
Petitioner has approached this Court seeking a direction to the third respondent to release the compensation amount in respect of 17.50 cents of land in Re.Sy.No.175/10 of Nattika Village and 8 cents of land in Re.Sy.No.175/10 and 9 cents in Re.Sy.No.176/5 of Nattika Village to the petitioner within a time limit to be fixed by this Court.
WP(C)NO.18454/2022
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Writ Petition is disposed of as above.
Sd/-
VIJU ABRAHAM JUDGE
csl
WP(C)NO.18454/2022
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APPENDIX OF WP(C) 18454/2022
PETITIONER'S EXHIBITS
| Exhibit P1 | A TRUE COPY OF THE SALE DEED |
|---|---|
| NO.578/1/2002 OF THRIPRAYAR SRO DTD 12.04.2002 |
|
| Exhibit P2 | A TRUE COPY OF THE SALE DEED NO.670/1/2006 OF THRIPRAYAR SRO DTD 25.03.2006 |
| Exhibit P3 | A TRUE COPY OF THE LAND TAX RECEIPT FOR THE FINANCIAL YEAR 2022-2023 DTD |
| 05.04.2022 ISSUED BY THE REVENUE DEPARTMENT |
|
| Exhibit P4 | A TRUE COPY OF THE SALE DEED NO.1583/1/2001 OF THRIPRAYAR SRO DTD 31.07.2001 |
| Exhibit P5 | A TRUE COPY OF THE SALE DEED NO.1957/1996 OF THRIPRAYAR SRO DATED 11.10.1996 |
| Exhibit P6 | A TRUE COPY OF THE SALE DEED NO.1584/1/2001 OF THRIPRAYAR SRO DATED 31.07.2001 |
| Exhibit P7 | A TRUE COPY OF THE SALE DEED NO.2118/1996 OF THRIPRAYAR SRO DATED 07.11.1996 |
| Exhibit P8 | A TRUE COPY OF THE SALE DEED NO.1955/1996 OF THRIPRAYAR SRO DATED 10.10.1996 |
| Exhibit P9 | A TRUE COPY OF THE LETTER ADDRESSED TO THE 3RD RESPONDENT BY THE PETITIONER DARED 26.04.2022 |
| Exhibit P12 | A TRUE COPY OF THE DECREE IN OS.NO.106/2019 OF THE HON'BLE SUB- |
WP(C)NO.18454/2022
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Exhibit P11
COURT CHAVAKKAD DTD 08.01.2024 A TRUE COPY OF THE PETITION DATED 07.08.2022 IN I.A.NO.5/2022 IN O.S.NO.106/2019 OF THE SUB COURT, CHAVAKKAD
1 issue framed by the court
Whether the court should direct release of land acquisition compensation withheld pending the outcome of O.S.No.106 of 2019?
Daly
Union of India represented by Secretary - Ministry of Road Transport and Highways
National Highways Authority of India (NHAI) represented by the Project Director, Kakkanad, Ernakulam
Special Deputy Collector (LA) & Competent Authority, Kuttippuram-Edappally NH 17 Project
Special Tahsildar (LA), Kuttippuram-Edappally NH 17 Project
Viju Abraham
As recorded by the court registry
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