2025:KER:30415 WP(C).NO.5268/2017 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 5268 OF 2017 PETITIONER: T.GIREESHAN, AGED 71 YEARS, S/O. BALAKRISHNAN, THACHERIL HOUSE, NORTH FORT GATE, TRIPUNITHURA. BY ADVS. SRI.A.T.ANILKUMAR & SMT.V.SHYLAJA RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.. 2 THE DISTRICT COLLECTOR, ERNAKULAM-682030. 3 ASSISTANT EXECUTIVE ENGINEER, PWD SUB DIVISION, ERNAKULAM-682011. SRI.DHEERAJ A.S., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30415 WP(C).NO.5268/2017 2 MOHAMMED NIAS C. P. , J. ========================= W. P. (C) No. 5268 of 2017 ========================= Dated this the 8th day of April, 2025 J U D G M E N T The petitioner is stated to be the owner of 3 cents of property in Sy.No. 1453/6 of Nadama Village with 3 shoprooms situated therein, as per Ext.P1 Will. It is stated that, out of the said property, the petitioner sold 2 cents of property with a shop room to one Shamsudheen, leaving a balance of 0.914 cents of property with shoprooms bearing Nos. 630/37 and 637/37 of Tripunithura Municipality. The said property was acquired by the respondents for the purpose of expansion of the Statute Junction at Tripunithura. Since no notice was issued to the petitioner, he filed O.S.No. 72/2013 before the Munsiff Court, Ernakulam seeking a declaration that the above property belongs to the petitioner and that, he is entitled to get compensation for the acquisition of the said property. 2. Through Ext.P4 judgment, the suit was decreed as follows: “In the result, the suit is decreed with cost as follows: 1. It is declared that the plaintiff is the owner of plaint schedule property and the plaintiff is entitled to accept compensation for acquiring the plaint schedule property. 2. A decree for mandatory injunction is passed directing the defendants to fix the compensation payable to the plaintiff for acquiring the plaint schedule property as per law and disburse the same to the plaintiff.” 2025:KER:30415 WP(C).NO.5268/2017 3 3. It is seen that the defendants were not represented and were set ex parte. This writ petition is filed seeking a direction to the respondents to acquire the property in accordance with law with notice to the petitioner and also, to pass an award of compensation and disburse the same to the petitioner. 4. It is not in dispute that the Civil Court had passed Ext.P4 decree against the State as early as 12.4.2016. 5. The learned Special Government Pleader submits that they have filed an application before the said Court to set aside the ex parte decree. The learned counsel for the writ petitioner submits that earlier, the petitioner had filed a review against Ext.P4, and the same was dismissed. 6. Be that as it may, since the respondents submit that they have filed an application to set aside the ex parte decree, I am inclined to grant three months' time to the respondents. On the expiry of three months from today, the respondents will take such steps to comply with Ext.P4 decree and pay the compensation directed therein within a further period of two months. The Writ Petition is allowed as above. Sd/- MOHAMMED NIAS C. P., JUDGE MMG 2025:KER:30415 WP(C).NO.5268/2017 4 APPENDIX OF WP(C).NO.5268/2017 PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE WILL DEED DTED 10-3-1995. EXHIBIT P2 TRUE COPY OF THE PLAINT IN OS NO. 72/2013. EXHIBIT P3 TRUE COPY OF THE COMMISSION REPORT IN OS NO.72/2014. EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN OS NO.72/2013. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 2- 10-2016. EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 31/1/2017. EXHIBIT P7 THE TRUE COPY OF THE RESTORATION PETITION 41/2025 FILED BY THE RESPONDENTS HEREIN BEFORE THE MUNSIFF COURT ERNAKULAM EXHIBIT P8 THE TRUE COPY OF THE DELAY CONDONATION APPLICATION I.A.NO.2/2025 FILED IN O.S.NO.72/2013