Dismissed

Sumayya v. State of Kerala

Kerala HC17 Feb 2017WP(C)/699/2017

Case brief

AI extract

What is this about?

The Court disposed of a writ petition filed by a land acquisition reference award beneficiary. Addressing the State representatives' submission to deposit one-fourth of the compensation immediately and the balance within eight months, the Court directed the deposit of the dues before the executing court and dismissed the writ petition accordingly.

What did the court decide?

Direction to deposit fourteenth of the compensation amount immediately and the balance within eight months in the execution court.

Sumayya Vs State of Kerala — Land Acquisition | Kerala HC (2017)

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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 SHAJI P.CHALY

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FRIDAY, THE 17TH DAY OF FEBRUARY 2017/8TH MAGHA, 1938

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WP(C).No. 699 of 2017 (J)

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PETITIONER(S):

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SUMAYYA, AGED 31 YEARS D/O. JALALUDHEEN. M.K.A SHYMA NIVAS, VADAKKUMBHAGOM, KAZHAKUTTAM P.O THIRUVANANTHAPURAM PIN 695 882

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BY ADVS.SRI.A.CHANDRA BABU SMT.S.S.LOVE LI N SITHARA

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RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY GOVERNMENT SECRETARIAT STATUE,THIRUVANANTHAPURAM

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2. THE CHIEF EXECUTIVE OFFICER TECHNOPARK, KAZHAKUTTAM P.O THIRUVANANTHAPURAM PIN 695 882

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3. THE DISTRICT COLLECTOR CIVIL STATION KUDAPANAKUNNU THIRUVANANATHAPURAM-695043

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4. THE SPECIAL TAH SILDAR SREEPANDARAVAKA LAND NO.3 THIRUVANANTHAPURAM-695001

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R2 BY ADV. SMT.K.V.RASHMI, SC, TECHNOPARK R1, R3 & R4 BY GOVERNMENT PLEADER SRI.S.KANNAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-02-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 699 of 2017 (J)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE 2ND RESPONDENT'S PROCEEDINGS DATED 30-09-2016

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EXHIBIT P2 TRUE COPY OF THE E.P NO 49/2016 IN LAR 219/2011 ON THE FILES OF THE SUB COURT, ATTINGAL

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EXHIBIT P3 TRUE COPY OF THE WEDDING INVITATION

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RESPONDENT(S)' EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE

dlk

SHAJI P. CHALY, J.

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W.P.(C) No.699 of 2017

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Dated this the 17^th day of February, 2017

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JUDGMENT

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An extent of 99.8 Ares of land situate in Survey No. 96/2 of Andoorkonam Village in Thiruvananthapuram was acquired. Dissatisfied with the land value fixed, reference was sought for by the petitioner and the reference court enhanced the land value fixed and the award has become final. Consequent to which, petitioner has submitted Ext.P2 execution petition before the Sub Court, Attingal, which is pending consideration. The grievance highlighted in the writ petition is that, in spite of the pendency of the execution petition no amount is being paid to the petitioner and the execution petition could not be achieved a finality consequent to the lethargy on the part of the respondent.

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Heard learned counsel for the petitioner, learned standing counsel and learned Government Pleader

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Learned Government Pleader on instruction submitted that, ¼ of the amount will be deposited before the execution court on or before 31.3.2017. The same is recorded, and there will be a direction, accordingly. The balance amount due to the

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W.P.(C) No.699 of 2017

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petitioner shall be deposited before the execution court within 8

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months, thereafter.

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Writ petition is disposed of accordingly.

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Sd/-

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SHAJI P. CHALY, JUDGE

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dlk/17/2/

Sumayya v. State of Kerala

Case brief

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What did the court decide?

Sumayya v. State of Kerala

Case brief

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