Kerala High Court
K.V.Hamza Haji vs The State Of Kerala on 1 September, 2022
Author: T.R.Ravi
Bench: T.R.Ravi
WP(C) No.27812/2022 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Thursday, the 1st day of September 2022 / 10 th Bhadra, 1944
WP(C) NO. 27812 OF 2022(B)
PETITIONER:
K.V.HAMZA HAJI, AGED 78 YEARS, S/O.MAYIN, KUTHIRAVATTATH HOUSE,
P.O.VENNIYOOR, MALAPPURAM DISTRICT, PIN-676 508.
RESPONDENTS:
1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, PUBLIC WORKS
DEPARTMENT (ROADS), SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. UNION OF INDIA, REPRESENTED BY THE MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS, TRANSPORT BHAVAN-1, PARLIAMENT STREET, NEW DELHI-110 001.
3. THE NATIONAL HIGHWAY 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-676 503.
5. THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION,
MALAPPURAM-676505.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the demolition of the building before releasing
compensation for the entire structure to the petitioner and also before
depositing the awarded amount for landed property of the petitioner in any
Bank account in accordance with Ext-P4 Judgment, pending disposal of this
Writ Petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.K.K.SAIDALAVI, Advocate for the petitioner, the court passed the
following:
WP(C) No.27812/2022 2/3
T.R.RAVI, J.
---------------------------------------------
W.P.(C) Nos.27791 & 27812 of 2022
------------------------------------------------------
Dated this the 01st day of September, 2022.
ORDER
In these writ petitions the petitioners are aggrieved by non- disbursal of the amounts due as compensation on acquisition under the National Highways Act.
There will be an interim order directing the petitioners to approach the 4th respondent on 15.09.2022 with their documents of title to show their claim and if the 4 th respondent finds that their claims have been adjudicated and compensation is payable to them the same shall be released. Till such time the amounts are released, the demolition of the building in question shall be kept in abeyance. This order will not in any way come to the aid of the petitioner, if the petitioner does not approach the 4 th respondent before 22.09.2022.
H/o Sd/-
T.R.RAVI
JUDGE
mpm
01-09-2022 /True Copy/ Assistant Registrar
WP(C) No.27812/2022 3/3
APPENDIX OF WP(C) 27812/2022
Exhibit P4 TRUE COPY OF THE JUDGMENT IN WP(C) NO. 25088/2021 DATED
1.4.2022.