IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 WP(C).No. 23314 of 2008(A) -------------------------- PETITIONER: ------------ SIJESH E.R., S/O LATE RAMAKRISHNAN, ELUVUNGAL HOUSE, BYE-PASS JN., POTTA, THRISSUR BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT. 2. THE DISTRICT COLLECTOR, THRISSUR. 3. THE SPECIAL DEPUTY COLLECTOR, SLAO & COMPETENT AUTHORITY, N.H.D.P., THRISSUR. 4. THE SPECIAL TAHSILDAR (LA), N.H.D.P. UNIT NO.2, THRISSUR. 5. THE PROJECT DIRECTOR (PIU), NATIONAL HIGHWAYS AUTHORITY OF INDIA, N.H.D.P., THUSHARABINDU, CHANDRA NAGAR, PALAKKAD. 6. THE IRINJALAKKUDA TOWN CO-OPERATIVE BANK LIMITED, MARKET BRANCH, IRINJALAKKUDA, REPRESENTED BY, THE BRANCH MANGER. BY ADV. SRI.THOMAS ANTONY FOR R5 SRI.N.P.SAMUEL BY G.P. SRI.BASANTH BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE,J. ------------------------ W.P.(C)No.23314 of 2008 ------------------------ Dated this the 2nd day of of September , 2008 JUDGMENT This writ petition has been filed by the petitioner seeking the following reliefs; “i). Issue a writ in the nature of mandamus or such other writ, appropriate order or direction commanding the respondents 1 to 5 to forthwith disburse the amount awarded as compensation immediately or within a time frame to be fixed by this Hon'ble Court. ii). Issue a writ in the nature of mandmus or such other writ, appropriate order or direction commanding the 2nd respondent to accept the application preferred by the petitioner seeking reference for determination of the Court taking into consideration the fact the petitioner was not WPC.No.23314/2008 2 served within any notice under Section 12 (2). iii). Issue a writ in the nature of mandamus or such other writ, appropriate order or direction commanding the 2nd respondent to refer the matter to the Court for determination.” 2. On considering the writ petition for admission, I directed that a copy of the writ petition be served on Advocate Sri.N.P.Samul so that he can enter appearance on behalf of the 6th respondent Bank in whose favour the property proposed to be acquired is set to be mortgaged. Today Sri.N.P.Samul has entered appearance before me on behalf of 6th respondent. Sri.Samul submitted that the petitioner has availed two overdraft facilities from the 6th respondent bank on executing mortgage of the property and the present outstandings come to Rupees more than 13 Lakhs. The counsel for the petitioner submits that the petitioner does not have any objection in the compensation amount being released to the 6th respondent on condition that the amount will be appropriated by the 6th WPC.No.23314/2008 3 respondent towards the Overdraft accounts. 4. The learned senior Government Pleader Sri.Basath Balaji would submit that the special land Acquisition officer was unable to pass the award so far since fund had not been provided by the requisitioning authority - National Highway Authority of India. Now, the National Highway Authority of India has provided him with funds and it will be possible to pass award. Under the above circumstances, I dispose of this writ petition issuing the following directions; i). The petitioner is directed to file a statement before the third respondent agreeing that the petitioner has no objection in the 6th respondent bank who are mortgagee of the properties in question being paid the compensation amount to the extent necessary for discharging the outstanding due to them. ii). The 6th respondent bank is directed to produce the original title documents of the petitioner and all the necessary documents relating to the property proposed to be acquired before the third respondent, if not already produced and the 3rd respondent is directed to release payments to the 6th respondent. iii). Upon the petitioner and the 6th respondent WPC.No.23314/2008 4 complying with the above directions, the 3rd respondent will pass award and release payment to the 6th respondent ensuring that if amounts more than necessary for fully satisfying the claim of the 6th respondent are available, then such excess amount will be released to the petitioner. (PIUS.C.KURIAKOSE,JUDGE) dpk