IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 WP(C).No. 33536 of 2009(O) -------------------------- OS.2555/2007 of PRL.MUNSIFF COURT,THRISSUR .................... PETITIONER(S): -------------------------- THANKAMMA, AGED 76 YEARS, W/O. LATE BHASKARAN NAIR, PATTIKKAD DESOM, PEECHI VILLAGE, THRISSUR TALUK. BY ADV. MR.V.BINOY RAM RESPONDENT(S): --------------------------- 1. RAJAGOPALAN, S/O. LATE BHASKARAN NAIR, PATTIKKAD DESOM, PEECHI VILLAGE, THRISSUR TALUK. 2. DEPUTY COLLECTOR, SLAO AND COMPETENT AUTHORITY, N.H.D.P., CHEMBUKVU, THRISSUR-20. 3. SPECIAL THAHSILDAR, SLAO AND COMPTETENT AUTHORITY,N.H.D.P., CHEMBUKKAVU, THRISSUR-20. 4. THE PROJECT DIRECTOR, NHAI, CHANDRA NAGAR, PALAKKAD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ---------------------------------------- W.P.(C).No.33536 OF 2009 -------------------------------- Dated this the 23rd day of November 2009 ---------------------------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Issue a writ of mandamus or such other appropriate writ, order or direction to the respondents 2, 3 and 4 not to disburse the cheque to the 1st respondent pending the final adjudication of O.S No.2555/2007 pending before the Munsiff Court, Thrissur. ii) Issue a writ, order or direction to the court below for speedy disposal of Ext.P3 petition. iii) Issue appropriate writ, order or direction to the respondents as this Hon'ble Court may deem fit. 2. Petitioner is the plaintiff in O.S No. 2555 of 2007 on the file of the Munsiff Court, Thrissur. Suit is for setting aside a registered document and for other reliefs. 1st respondent/defendant is the son of the plaintiff. By fraud W.P.(C).No.33536 OF 2009 Page numbers and misrepresentation, the 1st respondent had obtained a registered deed over the plaint property in his favour and that document is liable to be set aside is the case of the petitioner/plaintiff. During the pendency of the suit, the plaint property had been acquired by the National Highway Authority for expansion and widening of the road. Plaintiff had moved Ext.P3 application before the court to issue an order restraining the National Highway Authority from issuing the cheque for the compensation amount to the 1st respondent/defendant till disposal of the suit. That application is still pending for consideration, and it is posted along with the suit is the grievance espoused in the writ petition seeking issue of appropriate writ/direction/order to the court below for its expeditious consideration and disposal invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. 3. 1st respondent has entered appearance through counsel. Government Pleader takes notice for the second and third respondents. I heard the counsel on both sides. Having regard to the submissions made and taking note of W.P.(C).No.33536 OF 2009 Page numbers the facts and circumstances presented, I find, in the matter of disbursal of the compensation amount with respect to the property covered by acquisition proceedings, the provisions under the Land Acquisition Act are applicable. In case the petitioner has got any right over the plaint property which is stated to have been acquired for the purpose of widening the road by resort to the acquisition proceedings, she has to work out her remedies by taking appropriate proceedings as covered by the Land Acquisition Act. She has filed a suit for setting aside the registered deed which is alleged to have been obtained from her by fraudulent means by the 1st respondent/defendant, may not enable the civil court to pass an order on Ext.P3 application as sought for by the petitioner. So much so, reserving the right of the petitioner to take appropriate steps as provided by law to secure her rights over the compensation amount, if any, over the property, the writ petition is closed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv