IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 WP(C).No. 8296 of 2010(J) ------------------------- PETITIONER(S): ------------------ 1. N.K.VIJAYAN, AGED 44 YEARS, S/O.KRISHNAN, NELLIAMPADAM HOUSE, P.O.VANIAMPARA, PEECHI VILLAGE, THRISSUR DISTRICT. 2. N.M.BHASKARAN, AGED 47, S/O.MANI, NELLIAMPADAM HOUSE, P.O.VANIAMPARA, PEECHI VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.M.R.VENUGOPAL SMT.DHANYA P.ASHOKAN RESPONDENT(S): ------------------- 1. GOVERNMENT OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT MINISTRY OF SHIPPING, ROAD TRANSPORT AND HIGHWAYS, NEW DELHI. 2. THE SPECIAL DEPUTY COLLECTOR, S.L.A.O & COMPETENT AUTHORITY (L.A) NATIONAL HIGHWAYS DEVELOPMENT PROJECT THRISSUR-20. 3. A.A.DAVIS, AGED 87 YEARS, S/O.ANTONY, AATTOKKARAN HOUSE, RICE BAZAR, THRISSUR CITY. GOVT.PLEADER SRI.V.MANU SRI.T.P.M.IBRAHIMKHAN, ASG THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.8296 OF 2010 (J) -------------------------------------------------- Dated this the 15th day of March, 2010 U D G M E N T Petitioners submit that they are in possession of 61 cents of land in Sy. No.1793 of Peechi Village, title holder of which is the 3rd respondent. They submit that they are in possession of the property and have acquired title over the said property by adverse possession. This claim of the petitioners was raised before the Civil Court in O.S.Nos.1201/2201 and 2713/1998. The suits were dismissed and petitioners filed appeal A.S.Nos.380/04 and 381/2004 which are stated to be pending. It is during the pendency of the appeals that acquisition proceedings under the National Highway Act 1956 has been initiated for acquiring the property. Petitioners' claim is that until the civil dispute is decided, compensation due for the acquisition of the property shall not be disbursed to the 3rd respondent. 2. Evidently, claim of the petitioners is pending before the Civil Court and is yet to be uphold. Be that as it may, having regard to the dispute that is pending between the parties, it is a matter for the 2nd respondent to consider as to whether proceedings under Section 3(H)(4) of the National Highway Act is WPC.No. 8296/2010 :2 : to be adopted. It is seen that the petitioner has moved the 2nd respondent by filing Ext.P6. 3. Therefore, I direct the 2nd respondent to consider and pass orders on Ext.P6. This shall be done as expeditiously as possible and at any rate within 4 weeks from the date of production of a copy of the judgment and with notice to the 3rd respondent. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/