Allowed

Antony Ben v. State of Kerala and Others

Kerala HC23 Jun 2011WP(C)/36512/2010

Case brief

AI extract

What is this about?

The High Court of Kerala held that delaying the disbursement of compensation awarded by a Lok Adalath constitutes a mockery of the settlement process. The court directed respondents to release the awarded amount to the octogenarian petitioner within one month.

What did the court decide?

Direction to release the payment covered by the Lok Adalath Award to the petitioner within one month from the date of receipt of this judgment.

Antony Ben Vs State of Kerala and Others — Land Acquisition | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON

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MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932

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WP(C).No. 36512 of 2010(L)

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--------------------------

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PETITIONER:

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ANTONY BEN, SON OF VARGHESE ANTONY, PARANKIMAMVILA VEEDU, MANGAD VILLAGE, MANGAD CHERRY, KOLLAM DISTRICT.

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BY ADV. SRI.JOHNSON GOMEZ

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RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM.

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2. THE DISTRICT COLLECTOR, KOLLAM-691 013.

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3. SPECIAL TAHSILDAR (A) NATIONAL HIGHWAY, COLLECTORATE, KOLLAM. 691 013.

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BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 36512 of 2010(L)

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APPENDIX

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PETITIONER'S EXHIBITS

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EXT.P1. COPY OF THE AWARD DATED 3RD FEBRUARY 2007 IN LAR NO.7/1998 PASSED BY THE ADDL. SUB COURT, KOLLAM.

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EXT.P2. COPY OF THE E.P. NO.83/2008 FILED BY THE PETITIONER ALOG WITH OTHER ADDITIONAL CLAIMANTS BEFORE THE SUB COURT, KOLLAM.

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EXT.P3. COPY OF THE AWARD DATED 13TH MARCH 2010 IN E.P. NO.83/2008M IN LAR NO.7/1998 BY THE LOK ADALATH ORGANIZED BY THE DISTRICT LEGAL SERVICES AUTHORITY.

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EXT.P4. COPY OF THE MEDICAL PRESCRIPTION ISSUED BY DR.B.S. JAYACHANDRAN NAIR PHYSICIAL AND CARDIOLOGIST TO THE PETITIONER RELATING TO HIS AILMENTS.

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RESPONDENT'S EXHIBITS : NIL ---------------------------------------

/ TRUE COPY /

P.A. TO JUDGE

P.R.RAMACHANDRA MENON, J.

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W.P (C) No.36512 of 2010

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Dated this the Ist March, 2011

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J U D G M E N T

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Petitioner, who is an Octogenarian, has approached this Court being aggrieved of the fact that in spite of enabling the petitioner to obtain the due amount as awarded by the 'Lok Adalath' organized by the District Legal Services Authority, Kollam, the amount is still to be disbursed, making a mockery of; defeating the very purpose of holding the Adalath; which hence is sought to be intercepted by this Court.

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The learned Government Pleader appearing for the respondents submits that the Award passed by the 'Lok Adalath' is as good as any other decree and that the petitioner is at liberty to have it executed before the competent Civil Court.

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The learned counsel appearing for the petitioner submits that the issue takes its origin from the year 1998. A reference was made under the provisions of the Kerala Land Acquisition Act, wherein, enhanced compensation was awarded in favour of the petitioner, as borne by Ext.P1

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W.P (C) No. 36512 of 2010

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judgment. In execution of the decree, the petitioner approached the Sub Court, Kollam by filing E.P. 83/2008 in L.A.R 7/1998. It is during the pendency of the above proceedings; that the matter was sought to be settled; thus leading to Ext.P3 Award passed by the 'Lok Adalath'. After passing the said Award, the matter still stands as it is.

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After hearing both sides, this Court finds that there is absolutely no rationale for delaying the payment; more so in view of the advanced age of the petitioner and the callous inaction on the part of the respondents can't but be depricated.

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In the above circumstances, the respondents are directed to release the payment covered by Ext.P3 to the petitioner forthwith, at any rate within ' one month' from the date of receipt of a copy of this judgment

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The writ petition is allowed. No costs.

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Sd/-

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P.R.RAMACHANDRA MENON, JUDGE

/True copy/

P.A to Judge

W.P (C) No. 36512 of 2010

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Antony Ben v. State of Kerala and Others

Case brief

What is this about?

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Antony Ben v. State of Kerala and Others

Case brief

What is this about?

What did the court decide?

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