IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 WP(C).No. 12728 of 2010(M) -------------------------- PETITIONER: --------------- JOSE.P.A, AGED 46 YEARS,S/O.ANTONY, PANTHALUKARAN HOUSE,PERAMBRA,KODAKARA VILLGE, THRISSUR DISTRICT. BY ADV. SRI.M.A.ABDUL HAKHIM SRI.JYOTHISH.J.KALLINGAL RESPONDENTS: --------------- 1. THE SPECIAL DEPUTY COLLECTOR,SLOA AND COMPETENT AUTHORITY, (LA)NHDP, THRISSUR-20. 2. UNION OF INDIA, REPRESENTED BY PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, REQUISITION DEPARTMENT, NEW DELHI. R1 BY GOVERNMENT PLEADER SMT. K.R.DEEPA R2 BY ADV. SRI.THOMAS ANTONY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ---------------------------------------- WP (C) NO. 12728 of 2010 --------------------------------------- Dated this the 8th day of June, 2010 J U D G M E N T The petitioner is a co-owner of 0.0413 hectares of land and building situated in Sy. No.222/1 of Kodakara Village, Thrissur district. The said property is also owned by the petitioner's brothers namely Sri. Abraham, Sri. Davis and Sri. Poulose. Part of the property have been acquired for the purpose of widening National Highway, lying in the joint ownership of petitioner and his brothers as per LAC No.1247/2006. Later the first respondent awarded a total compensation of Rs. 2,54,027/- in respect of the acquired land. The same is evidenced by Exhibit P1. Aggrieved by the amount of compensation the petitioner along with the co-owners filed an application for arbitration under section 3G(5) of the National Highway Act, 1956. 2 WP (C) NO. 12728 of 2010 2. The grievance raised in this writ petition is that the compensation amount of Rs.46,746/- was mistakenly paid to another person. The same was noticed by the authorities and by issuing Exhibit P5 notice they have directed the said person to redeposit the amount. Aggrieved by the delay in completion of the proceedings and seeking for a direction to disburse the amount this writ petition has been filed. 3. The learned Government Pleader appearing for the respondent submits that pursuant to Exhibit P5 notice a hearing was conducted and even though the persons named in Exhibit P5 notice were directed to remit back the amount which they have received in excess of the actual compensation, they have refused to do so and there after recovery proceedings have been initiated against them. It is pointed out that the said action is till pending. 4. Learned counsel for the petitioners therefore submitted that the first respondent may be directed to 3 WP (C) NO. 12728 of 2010 complete the proceedings within a specified time. Hence the proceedings already initiated to recover the amount will be finalized in accordance with law after notice to various parties, expeditiously. No costs. T.R. RAMACHANDRAN NAIR, JUDGE. rkc