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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. K. Jayasankaran Nambiar, P.M. MANOJ, JJ
NALUPURAPPATTIL MUHAMMED HAJI – Appellant
Versus
SASIDHARAN.K.V – Respondent
| Table of Content |
|---|
| 1. tenant's claim regarding compensation and lack of objections. (Para 2 , 3) |
| 2. single judge's interpretation in favor of tenant. (Para 4) |
| 3. arguments against tenant's claim based on procedural failures. (Para 5 , 6) |
| 4. court's reasoning on tenant's status under the act. (Para 7) |
| 5. final judgment allowing the appeal. (Para 8) |
Dr. A.K.Jayasankaran Nambiar, J.
As both these appeals impugn a common judgment dated 26.06.2020 of the learned Single Judge in W.P.(C) No.22724 of 2019, they are taken up together for consideration and disposed by this common judgment.
2. The brief facts necessary for a disposal of these writ appeals are as follows:
The petitioner in W.P.(C) No.22724 of 2019 claims to have been a tenant in premises belonging to the appellant in W.A. No.485 of 2021. He was apparently a trader doing business in shop rooms in the building owned by the appellant in W.A. No.485 of 2021. The shop rooms were acquired for development of NH-17 pursuant to a Section 3A notification issued in terms of the National Highways Act (hereinafter referred to as ‘the Act’), 1956. It is not a dispute that in response to the proposed acquisition, the writ petitioner did not prefer an
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