IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932 WP(C).No. 27806 of 2010(A) -------------------------- PETITIONER(S): --------------- SRI.RAM CHARITABLE TRUST, REP. BY MANAGING TRUSTEE SWAMI BRAHMA PATHANADA,SARASWATHI SRENEELAKANDAPURAM, CHENGOTTUKKONAM, THUNDATHIL.PO THIRUVANANTHAPURAM DIST. BY ADV. SRI.M.K.DILEEP KUMAR RESPONDENT(S): --------------- THE SPECIAL TAHASILDAR (LA), NHDP, UNIT NO.III, CHEMBUKKAVU, THRISSUR-20. BY SMT.K.R.DEEPA, GOVERNMENT PLEADER FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.27806 of 2010 ------------------------------- Dated this the 15th day of November, 2010 J U D G M E N T The petitioner, a charitable trust, has filed this writ petition seeking a direction to the respondent to deposit the compensation amount due in respect of land belonging to it by depositing the award amount in court. It is contended that though the land belonging to the petitioner trust was acquired for widening the National Highway in the year 2007, till date, the compensation amount has not been deposited in court or paid over to the petitioner. 2. A counter affidavit dated 22.10.2010 has been filed on behalf of the respondent. Paragraphs 5, 6 and 7 thereof reads as follows:- “5. It is submitted that on verification of the above documents produced in this office, it is seen that the said land is under attachment of Tahsildar and Executive Magistrate Thrissur Rs.2,49,394/- as Consumer Disputes Redressal Forum dues (EA 278/05 in OP.No.554/03 in Consumer Redressal Forum Thrissur), Rs.4,80,615/- for electricity dues and Rs.1,15,313/- Telephone dues, Rs.1,54,000/- with 12% interest as per Consumer Disputes Redressal Forum 1263/05 dated, 10.11.2008. Many other attachments are outstanding against W.P.(C) No.27806 of 2010 2 the property in various courts. OS. 1082/08 and OS. 4225/04 before the Hon'ble Munsiff Court, Thrissur, O.S.No.975/04 in Hon'ble Thrissur Sub Court and 14 cases in Consumer Redressal Forum, Thrissur are still pending. 6. It is most respectfully submitted that sub section (4) of section 3H of NH Act 1956 envisages, if any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the Principal Civil Court of original jurisdiction within the limits of whose jurisdiction the case has to be referred to the Civil Court. 7. It is respectfully submitted that the steps are being taken to refer the case accordingly and to deposit the compensation amount before the Hon'ble Sub Court, Thrissur.” 3. It is evident from the counter affidavit filed on behalf of the respondent that a large number of claims are pending against the petitioner and that various courts have passed orders of attachment in respect of the land which is the subject matter of the acquisition. In such circumstances, the petitioner cannot claim payment of the money awarded as compensation. The petitioner can only seek a direction to the respondent to deposit the compensation amount in the Sub W.P.(C) No.27806 of 2010 3 Court having jurisdiction. In such circumstances, I dispose of the writ petition with a direction to the respondent to deposit the compensation amount payable to the petitioner in the Sub Court having jurisdiction expeditiously and in any event within one month from today. Thereafter, it will be open to the petitioner to move the various courts in which the suits and claims against the petitioner are pending, bringing to the notice of the said courts that the compensation amount has been deposited in court and that appropriate orders may be passed directing payment to the various creditors. P.N. RAVINDRAN, JUDGE. nj.