IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 12TH MARCH 2010 / 21ST PHALGUNA 1931 WP(C).No. 7859 of 2010(F) ------------------------- PETITIONER(S): --------------- DIVAKARAN,S/O.KARTHIYAYANI AMMA, THONURE HOUSE,PARUVASSERY POST,AYAKKAD AMSOM, ALATHUR TALUK,PALAKKAD DISTRICT. NOW RESIDING AT:"KRISHNA PRIYA",KOTTUKARA,KONDOTTY P.O,MALAPPURAM. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENT(S): --------------- 1. THE DEPUTY COLLECTOR,LAND ACQUISITION (NATIONAL HIGHWAY),PALAKKAD. 2. THE CHIEF ENGINEER,NATIONAL HIGHWAY AUTHORITY OF INDIA,PALAKKAD. 3. KERALA STATE ELECTRONICS DEVELOPMENT CORPORATION LIMITED (KELTRON),KELTRON HOUSE, VELLAYAMBALAM,THIRUVANANTHAPURAM -33,REP.BY THE CHIEF GENERAL MANAGER. 4. C.K.CHAMUNNI,S/O.KANDAN,KARUVAPPADAM, MANGALAM DESOM,ANCHUMOORTHY.P.O,VADAKKENCHERRY, ALATHUR TALUK, NOW RESIDING AT:-MELACHOORKUNNU,KANNAMBRA AMSOM, PALAKKAD DISTRICT. 5. REMANI,W/O.C.K.CHAMUNNI, -DO- -DO- . SRI.M.GOPIKRISHNAN NAMBIAR, SC FOR KELTRON SRI.THOMAS ANTONY, SC FOR NATIONAL HIGHWAY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 7859 of 2010 F ``````````````````````````````````````````````````````` Dated this the 12th day of March, 2010 J U D G M E N T The petitioner submits that by Ext.P1 sale deed he had purchased the property mentioned therein and that a portion thereof was acquired under the provisions of the National Highways Act. According to the petitioner, he is entitled to be paid the entire compensation that is due. It is stated that the 3rd respondent has raised a claim for a portion of the amount due. It is in this background this writ petition has been filed, praying for a declaration that the petitioner is entitled to get the entire compensation in respect of the property acquired and for consequential reliefs. 2. In my view, this is an issue which the petitioner has to pursue under Section 3(H) of the National Highways Act, 1956 by filing an appropriate representation before the competent authority and thereafter it is for the competent authority to take action under Section 3(H)(iv) of the said Act. WPC.7859/2010 : 2 : The writ petition is, therefore, disposed of leaving it open to the petitioner to pursue this matter before the competent authority under the said Act. (ANTONY DOMINIC, JUDGE) aks