IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 WP(C).No. 6038 of 2008(R) ------------------------- PETITIONER: ------------ P.P.SAMUEL, UNIVERSAL PRESS, KORATTY 680 308, THRISSUR DISTRICT. BY ADV. SRI.T.M.ABDUL LATHEEF SMT.MIJI JOHN SRI.A.MUHAMMED HASHIM RESPONDENTS: ------------- 1. UNION OF INDIA REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF SURFACE TRANSPORT, NEW DELHI. 2. SPECIAL LAND ACQUISITION OFFICER & COMPETENT AUTHORITY, N.H.D.P. OFFICE, CHEMBUKAVU, THRISSUR. *ADDL.R3.THE PROJECT DIRECTOR, N.H.A. OF INDIA, THUSHARA BINDU, CHANDRA NAGAR(EXTENSION), PALAKKAD. **ADDL.R4.MUSTHAFFA, S/O.MOHAMMED POKKAKKILLATH, KUMARAPPANAL DESOM, VARAVOOR AMSOM, THALAPPALLY TALUK, THRISSUR. **ADDL.R5.NAFEESA, W/O.KOCHU MOHAMMED, ARACKKA VEETTIL, PALAYOOR DESOM, GURUVAYOOR AMSOM, CHAVAKKAD TALUK. *ADDL.R3 IS IMPLEADED AS PER THE ORDER DATED 18.6.2008 IN I.A.NO.5375/08. **ADDL.R4 & R5 ARE IMPLEADED AS PER THE ORDER DATED 29.7.2008 IN I.A.NO.8062/08. R1 BY ADV. SRI.P.J.PHILIP R2 BY SR.GOVT. PLEADER MR.BASANT BALAJI R3 BY ADV.SRI.THOMAS ANTONY R4-R5 BY ADV.SRI.JESWIN P.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.6038 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 29th July, 2008 JUDGMENT The petitioner is tenant in possession of a building which is being acquired by the 2nd respondent under the provisions of the National Highways Act, 1956. According to the petitioner, though his jural status in the building is only that of a tenant, he has as much interest in the compensation for the acquired property as the owner has. On hearing the initial submissions of Mr.T.M.Abdul Latiff, I directed the petitioner to implead the landlords of the building. Accordingly, the petitioner filed I.A.No.8062/08 to implead the landlords. I have today allowed that I.A. 2. I have heard the submissions of Mr.T.M.Abdul Latiff, counsel for the petitioner, Mr.Thomas Antony, Standing Counsel for the additional third respondent, Mr.Jeswin P.Varghese, counsel for additional respondents 4 and 5 and Mr.Basant Balaji, learned Senior Government Pleader on behalf of the 2nd respondent. My attention was drawn by the counsel to Section 3G (2) of the National Highways Act, 1956. It was submitted that it is for the 2nd respondent to consider the claim of the petitioner and to pass a proper award determining the total compensation for the acquired properties and W.P.C.No.6038/08 - 2 - amounts, if any, which may be due to the petitioner. I find merit in the above submission. Accordingly, the Writ Petition will stand disposed of issuing the following directions: The 2nd respondent is directed to take up Ext.P5 immediately, hold such enquiries as are warranted, hear the petitioner and additional respondents 4 and 5 and pass a proper award determining the total compensation for the acquired properties and amounts, if any, which may be due to the petitioner as compensation for the loss/injury which is being occasioned to the petitioner by virtue of the acquisition. Needful in compliance with the above directions will be done by the 2nd respondent at his earliest and at any rate within six weeks of receiving copy of this judgment. srd PIUS C.KURIAKOSE, JUDGE