IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 WP(C).No. 29722 of 2011(M) ----------------------------------------- PETITIONER(S): ------------------------ 1. M.K. BAVA, MUTHALAMKUNNATH HOUSE, MULLAKARA, MANNUTHY.P.O, THRISSUR DISTRICT. 2. A.K. JOSE, ARIKKAT HOUSE, PANANCHERY, PATTIKAD.P.O,THRISSUR DISTRICT. 3. E.T. BABU, CHAMBADAPUNNAYIL, KARIPPAKUNNU, PATTIKAD.P.O,THRISSUR DISTRICT. 4. T.K. JANARDHANAN VAIDHYAR, THEPPUKALLUMKAL HOUSE, MUDICODE, PATTIKAD.P.O, THRISSUR DISTRICT. 5. ARUNKUMAR.T, THATTAT HOUSE, MUDICODE,PATTIKAD.P.O, THRISSUR DISTRICT. 6. M.K. MOHAMMEDALI, MOODAMPARAMBIL HOUSE, THOTTAPADY, MANNUTHY.P.O, THRISSUR DISTRICT. 7. K.K. SANTHA, W/O. KOTTIYATTI CHANDRAN, VATTAKKALLU, MUDICODE, PATTIKAD.P.O, THRISSUR DISTRICT. 8. V. MOOKAMY AMMA, LEKSHMI NIVAS, MUDICODE, PATTIKAD.P.O, THRISSUR DISTRICT. Kss ..2/- ...2.... WPC.NO.29722/2011 M 9. LILLY ISSAC, W/O. ISSAC KURUVILA, PAITTATTU HOUSE, PATTIKAD.P.O, THRISSUR DISTRICT. 10. K.M. KUMARAN, KAVUNKAL HOUSE, MANNUTHY.P.O, THRISSUR DISTRICT. BY ADV. SRI.K.S.BHARATHAN RESPONDENT(S): --------------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF SHIPPING, ROAD TRANSPORT AND HIGHWAYS, (DEPARTMENT OF ROAD TRANSPORT AND HIGHWAYS) NEW DELHI - 110 001. 2. NATIONAL HIGHWAYS AUTHORITY OF INDIA, G-5&6, SECTOR 10, DWARKA, NEW DELHI - 110 075, REPRESENTED BY ITS CHAIRMAN. 3. THE PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, ARUMUGHAN COLONY, CHANDRA NAGAR, PALAKKAD - 678 007. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBILC WORKS (D) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 5. THE INSPECTOR GENERAL OF POLICE, CENTRAL RANGE, THRISSUR - 680 003. 6. THE DISTRICT COLLECTOR, THRISSUR, PIN - 680 003. Kss ..2/- ..2.... WPC.NO.29722/2011 M 7. THE SUPERINTENDENT OF POLICE, THRISSUR RURAL, THRISSUR - 680 003. 8. THE COMMISSIONER OF POLICE, THRISSUR - 680 003. 9. THE SUB INSPECTOR OF POLICE, MANNUTHY POLICE STATION, MANNUTHY, THRISSUR DISTRICT - 680 651. 10. THE SUB INSPECTOR OF POLICE, PEECHI POLICE STATION, PEECHI, THRISSUR DISTRICT - 680 652. 11. THRISSUR EXPRESSWAY LIMITED, PROJECT OFFICE, BEHIND APOLLO TYRES, PERAMBRA, THRISSUR - 680 689. 12. THE DEPUTY COLLECTOR AND SPECIAL LAND ACQUISITION OFFICER (COMPETENT AUTHORITY UNDER THE NATIONAL HIGHWAYS ACT) NHDP OFFICE, CHEMBUKAVU,THRISSUR - 680 003. R1 BY SRI. P.PARAMESWARN NAIR, ASST.S.G. OF INDIA R2 & R3 BY ADV. SRI.THOMAS ANTONY R4 TO R10 & R12 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN, BY SR.GOVERNMENT PLEADER SRI.SHYSON P.MANGUZHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.29722/2011 M APPENDIX PETITIONER'S EXHIBITS: EXHIBIT-P1- TRUE COPIES OF THE BASIC TAX RECEIPT FOR THE YEAR 2011-2012, ELECTRICITY DEMAND AND DISCONNECTION NOTICE AND THE BUILDING TAX RECEIPT FOR THE YEAR 2010-2011 OF THE 8TH PETITIONER. EXHIBIT-P2- TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 5TH RESPONDENT DATED 04/11/2011. RESPONDENTS' EXHIBITS: R2(A): COPY OF THE SEC.3E NOTICE ISSUED TO THE 1ST PETITIONER DTD. 21/08/09 AND ACKNOWLEDGED BY HIM. R2(B): COPY OF THE MAHAZAR EXECUTED BY SMT. PRABHA DTD. 26/04/10. R2(C): COPY OF THE MAHAZAR AND KACHEET EXECUTED BY THE 1ST PETITIONER DTD. 12/10/09. /TRUE COPY/ P.S.TO JUDGE Kss PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... W.P.(C).NO.29722 OF 2011 ................................................................... Dated this the 11th day of November, 2011. JUDGMENT Pius C. Kuriakose, J. The petitioners are the owners and occupants of lands acquired at the instance of the second respondent for the purpose of 4/6 lining of National Highway-47 from Mannuthi to Vadakkanchery have approached this Court complaining that respondents 7 to 10 officers of police at various levels are harassing them and are trying to forcibly evict them from their respective properties. Second and third respondents namely the National Highways Authority of India and the Project Director of National Highways Authority of India have filed a detailed counter affidavit and Exts. R2(a) to R2(c) produced along with the counter affidavit will show that the first petitioner M.K. Bava has actually surrendered possession of the properties in question which were acquired under the provisions of the National Highways’ Act at the instance of the 2nd respondent. These documents will also show the complaint that dispossession is attempted without giving any notice or at least a breathing W.P.(C).NO.29722 OF 2011 : 2 : time, is not true. The 11th respondent Thrissur Expressway Limited are the company who have been engaged by the 2nd respondent for constructing the six line Highway. They have filed a detailed counter wherein they said that this Court has issued police protection directions in their favour, so that the work which they are bound to complete by time can be completed on time. 2. Sri. K.S. Bharathan, learned counsel for the petitioners would address very appealing submissions before us. Sri. Bharathan submitted that District Collector has convened a conference of all persons similarly aggrieved as the petitioners as well as the respondents. In the conference, all the issues were almost settled. Summary eviction may not be permitted was the appeal of Sri. Bharathan. 3. Sri. Thomas Antony, learned standing counsel for the 2nd respondent submitted that even one day’s delay will result in loss of several lakhs to the 2nd respondent. Sri. V.M. Krishna Kumar, learned counsel for the 11th respondent would submit that granting any relief to the petitioners W.P.(C).NO.29722 OF 2011 : 3 : will amount to taking away the relief already granted by this Court to the 11th respondent. The State Attorney would support the submissions of Sri. Thomas Antony and Sri. Krishna Kumar. 4. The question which falls for decision by us is whether there is any warrant for exercising our discretionary jurisdiction in favour of the petitioners. We have no difficulty to answer that question against the petitioners. The petitioners have admittedly received the entire compensation which was awarded in their favour by the awarding officer. Some of them have initiated arbitration proceedings for higher compensation. After having received the compensation, it is not fair on the part of the petitioners to cling on to the properties. It is an eminently public purpose that the Highway is constructed and any delay in the construction of the Highway will be detrimental to the public interest. We also find that all the petitioners have surrendered their properties and have executed surrender kaichits. 4. We decline the relief and dismiss the writ petition. W.P.(C).NO.29722 OF 2011 : 4 : However, there will be a direction that status quo as obtaining today will be maintained till Wednesday next week. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl