IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 WP(C).No. 28539 of 2009(J) -------------------------- PETITIONER(S): --------------- P.P.SAMUEL, UNIVERSAL PRESS, KORATTY-680308, THRISSUR DISTRICT. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): --------------- 1. THE SPECIAL DEPUTY COLLECTOR & S.L.A.O., N.H.D.P., THRISSUR. 2. THE PROJECT DIRECTOR, N.H.A.I., PALAKKAD. ADV. SRI.THOMAS ANTONY FOR R2 BY GOVT. PLEADER SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.28539 OF 2009 (J) -------------------------------------------------- Dated this the 22nd day of March, 2010 J U D G M E N T Petitioner claims to be a tenant of a building which is under acquisition by the respondents for widening the National Highway. His case is that he is entitled to compensation and that the amount he is liable has not been determined. On an earlier occasion, the petitioner approached this court and filed W.P.(C). NO.6038/2008, claiming that his entitlement has not been considered. That writ petition was disposed of by Ext.P3 judgment directing the first respondent herein to pass orders dealing with the claim of the petitioner and the land lord for compensation. According to the petitioner, although in pursuance to the judgment by Ext.P4 notice he and the land lord were heard, order as directed in Ext.P3 has not been passed and that in the meanwhile respondents were attempting to take over possession of the building in his possession. 2. The stand of the learned Government Pleader is that the land in question is a Purambokku land and therefore there is no basis for the claim raised. Irrespective of the merits of the claim, WPC.No.28539 /09 :2 : facts remains that in Ext.P3 judgment, this court directed the first respondent herein to deal with the claim of the petitioner and pass orders. Therefore, irrespective of whether the claim raised is sustainable or otherwise, the respondent is bound to comply with the direction in Ext.P3 judgment and pass orders. Admittedly that has not been done. 3. Therefore, I direct the first respondent to pass orders dealing with the claim of the petitioner as directed in Ext.P3. This shall be done as expeditiously as possible an at any rate within 4 weeks from the date of production of a copy of this judgment. It is clarified that once orders are passed as above, it will be open to the respondents to take possession of the land with notice to the petitioner. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WPC.No.28539 /09 :3 :