N.K.Vijayan vs Government Of India on 15 March, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 8296 of 2010(J)


1. N.K.VIJAYAN, AGED 44 YEARS,
                      ...  Petitioner
2. N.M.BHASKARAN, AGED 47,

                        Vs



1. GOVERNMENT OF INDIA,
                       ...       Respondent

2. THE SPECIAL DEPUTY COLLECTOR,

3. A.A.DAVIS, AGED 87 YEARS,

                For Petitioner  :SRI.M.R.VENUGOPAL

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :15/03/2010

 O R D E R

ANTONY DOMINIC, J.

————————————————–

W.P.(C) NO.8296 OF 2010 (J)

————————————————–
Dated this the 15th day of March, 2010

U D G M E N T

Petitioners submit that they are in possession of 61 cents

of land in Sy. No.1793 of Peechi Village, title holder of which is the

3rd respondent. They submit that they are in possession of the

property and have acquired title over the said property by

adverse possession. This claim of the petitioners was raised

before the Civil Court in O.S.Nos.1201/2201 and 2713/1998. The

suits were dismissed and petitioners filed appeal A.S.Nos.380/04

and 381/2004 which are stated to be pending. It is during the

pendency of the appeals that acquisition proceedings under the

National Highway Act 1956 has been initiated for acquiring the

property. Petitioners’ claim is that until the civil dispute is

decided, compensation due for the acquisition of the property

shall not be disbursed to the 3rd respondent.

2. Evidently, claim of the petitioners is pending before the

Civil Court and is yet to be uphold. Be that as it may, having

regard to the dispute that is pending between the parties, it is a

matter for the 2nd respondent to consider as to whether

proceedings under Section 3(H)(4) of the National Highway Act is

WPC.No. 8296/2010
:2 :

to be adopted. It is seen that the petitioner has moved the 2nd

respondent by filing Ext.P6.

3. Therefore, I direct the 2nd respondent to consider and

pass orders on Ext.P6. This shall be done as expeditiously as

possible and at any rate within 4 weeks from the date of

production of a copy of the judgment and with notice to the 3rd

respondent.

Writ petition is disposed of as above.

(ANTONY DOMINIC)
JUDGE
vi/