1 OPC 546/25 2025:KER:30183 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 OP(C) NO. 546 OF 2025 LAR NO.1 OF 2024 OF ADDITIONAL DISTRICT COURT - II, THALASSERY PETITIONER/S: 1 ABDURAHIMAN PONNANKAI THYKADI AGED 63 YEARS S/O. MAHAMOOD, M.M. HOUSE, NEAR KUNNUMKAI COLONY, P.O. CHIRAKKAL, KANNUR TALUK KANNUR DISTRICT, PIN - 670011 2 MUNEER P.T.,S/O. MAHAMOOD M.M. P.T. HOUSE, KANHIRATHARA, P.O. CHIRAKKAL, KANNUR TALUK KANNUR DISTRICT, PIN - 670011 3 ALINKEEL THANKAM @ A.K. THANKAM @ THANKAM KUMARAN, AGED 72 YEARS, W/O. PALLIYATH KUMARAN, VIMA, PUTHIYATHERU, P.O. CHIRAKKAL KANNUR TALUK, KANNUR DISTRICT, PIN - 670011 4 M.M. MAHAMOOD, AGED 85 YEARS S/O. MOIDEENKUTTI, KHADEEJA MANZIL, KANHIRATHARA, P.O. CHIRAKKAL, KANNUR TALUK, KANNUR DISTRICT, PIN - 670011 BY ADVS.R.PARTHASARATHY SEEMA RESPONDENT/S: THE SPECIAL TAHSILDAR & COMPETENT AUTHORITY (LA) OFFICE OF THE NH UNIT NO. II, KANNUR, PIN - 670001 OTHER PRESENT: GP SRI. S UNNIKRISHNAN THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 OPC 546/25 2025:KER:30183 JUDGMENT (Dated this the 4th day of April 2025) The petitioners are small holders of land in R.S.136 of Chirakkal Amsom, Puzhathi Desom, Kannur District, that has been acquired for the widening of the National Highway. Though they produced their title deeds with respect to their properties before the competent authority, an award was passed, but the payment was not effected, and the compensation was deposited in Civil Court under Section 3H of the National Highways Act. 2. The counsel for the petitioners submits that the petitioners have no title disputes and no rival claims over the properties, and the court below ought to have disbursed the compensation at the earliest. Since no orders were passed, this original petition is filed for a direction to take up LAR Nos.01, 07, 08, 10 and 11 of 2024 and dispose of 3 OPC 546/25 2025:KER:30183 the same within a time frame. 3. It is submitted that except L.A.R. Nos.20 & 33 of 2024, all the above-mentioned references were posted on 18.10.2024 for the appearance of the respondents. The case was posted to 05.04.2025 for the counter of the petitioner/Special Tahsildar. 4. Heard counsel on either side. 5. The review petitioners in the R.P. claimed that they are entitled to compensation for the land acquired and they are necessary parties in the land acquisition reference. Therefore, liberty is given to the review petitioners to file impleading petition in the L.A.Rs within 2 weeks, after summer holidays and after the impleading petitions are filed, the same shall be taken into consideration and dispose of the same, in accordance with law. The court below shall afford opportunity of hearing to all the parties, 4 OPC 546/25 2025:KER:30183 including the Review Petitioners in the R.P., and pronounce the final judgment in the L.A.Rs on or before 31st July 2025. If the impleading petitions are not filed before the time prescribed, L.A.Rs shall be taken for orders, without impleading them in the party array. The Original Petition is disposed of as above. Sd/- BASANT BALAJI JUDGE dl/ 5 OPC 546/25 2025:KER:30183 APPENDIX OF OP(C) 546/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AWARD PASSED BY THE COMPETENT AUTHORITY IN LAC NO.7787 Exhibit P2 TRUE COPY OF THE REFERENCE UNDER SECTION 3H (4) OF THE NATIONAL HIGHWAYS ACT DATED16.09.2021 Exhibit P3 TRUE COPY OF THE ADVOCATE COMMISSIONER’S REPORT DATED 20.05.2023 Exhibit P4 TRUE COPY OF THE PLAN SUBMITTED BY THE ADVOCATE COMMISSIONER Exhibit P5 TRUE COPY OF THE ORDER IN O.P. (C) 2285/2023 DATED 30.10.2023 Exhibit P6 TRUE COPY OF THE NOTICE WITH RESPECT TO 1ST PETITIONER’S REFERENCE NUMBERED AS LAR (NHA) NO.07/2024 DATED 23.08.2024 Exhibit P7 PETITIONER’S REFERENCE WAS NUMBERED AS LAR (NHA) NO. 01/2024. TRUE COPY OF THE NOTICE WITH RESPECT TO REFERENCE NUMBERED AS LAR (NHA) NO. 01/2024 DATED 22.08.2024 Exhibit P8 TRUE COPY OF THE NOTICE WITH RESPECT TO 3RD PETITIONER’S REFERENCE NUMBERED AS LAR (NHA) NO.08/2024 DATED 23.08.2024 Exhibit P9 TRUE COPY OF THE NOTICE WITH RESPECT TO 4TH PETITIONER’S REFERENCE NUMBERED AS LAR (NHA) NO.10/2024 DATED 27.08.2024 Exhibit P10 TRUE COPY OF THE NOTICE WITH RESPECT TO 4TH PETITIONER’S REFERENCE NUMBERED AS LAR (NHA) NO.11/2024 DATED 23.08.2024