Disposed

Suji.S. v. State of Kerala

Kerala HC7 Nov 2017WP(C)/8908/2017

Case brief

AI extract

What is this about?

The court addressed the non-disbursement of land acquisition compensation settled in a Lok Adalath. Directed the District Collector to quantify dues with interest, pay 50% within three months, and allowed the government to proceed against the Municipality.

What did the court decide?

District Collector to quantify dues and pay 50% within three months; government to proceed against Municipality for recovery.

Suji.S. Vs State of Kerala — Execution and Attachment | 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 K.VINOD CHANDRAN

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TUESDAY, THE 7TH DAY OF NOVEMBER 2017/16TH KARTHIKA, 1939

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WP(C).No. 8908 of 2017 (K)

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PETITIONER:

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SUJI.S, S/O.SUDHAKARAN, MELATHIL VEEDU, NEAR POST OFFICE, KADAKKAVOOR P.O, THIRUVANANTHAPURAM.

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BY ADV. SRI.BASANT BALAJI

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2. THE DISTRICT COLLECTOR, CIVIL STATION, KUDAPPANAKUNNU, THIRUVANANTHAPURAM-695005.

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3. SPECIAL TAHSILDAR, ADDITIONAL L A UNIT, VANCHIYOOR, THIRUVANANTHAPURAM-695135.

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4. THE SECRETARY VARKALA MUNICIPALITY, VARKALA, THIRUVANANTHAPURAM-695101.

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R1 TO R3 BY SENIOR GOVERNMENT PLEADER SRI SURIN GEORGE IPE R4 BY ADV. SRI.V.RENJITH KUMAR, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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WP(C).No. 8908 of 2017 (K)

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APPENDIX

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PETITIONER(S)' EXHIBITS -----------------------

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EXHIBIT P1 TRUE COPY OF THE JUDGMENT DTD 12/7/2010 IN LAA 677/2010 OF THIS HON'BLE COURT EXHIBIT P2 TRUE COPY OF THE EXECUTION PETITION NO 70/2008 IN LAR 28/2004 ON THE FILE OF THE SUB COURT, ATTINGAL EXHIBIT P3 TRUE COPY OF THE AWARD DTD 12/12/2015 OF THE LOK ADALATH EXHIBIT P4 TRUE COPY OF THE STATEMENT OF ACCOUNT. RESPONDENT(S)' EXHIBITS NIL ----------------------/TRUE COPY/ K.V. P.S.TO JUDGE

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K. VINOD CHANDRAN, J.

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W.P.(C) No. 8908 of 2017 (K)

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Dated: 07^th November, 2017

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J U D G M E N T

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The petitioner is aggrieved with the non disbursement of the compensation amount, as enhanced by the Sub Court, by Award dated 15.01.2008, which is also confirmed in appeal.

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The petitioner's land was acquired on the requisition of the 4^th respondent. After the enhancement of compensation was confirmed in appeal, and pending an Execution Petition, a Lok Adalath was held on 12.12.2015, in which Ext.P3 Award was passed. The matter was agreed to be settled on payment of Rs.1,68,86,520/-. The judgment debtors were directed to deposit the amount within six months from the date of the Award, failing which the decree holder was entitled to enhanced interest at the rate of 15% per

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W.P.(C) No. 8908/2017

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annum. Obviously, the Government did not deposit the amount as directed in the Lok Adalath.

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The submission of the learned Government Pleader on behalf of respondents 1 to 3 is that the 4^th respondent, requisitioning authority, has not disbursed the amounts. The 4^th respondent expresses helplessness insofar as there being no funds available.

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The learned Counsel for the petitioner relies on Corporation of Cochin v. Michael Luiz – 1995 KHC 305 , wherein this Court found that notwithstanding the fact that an acquisition is made on behalf of the Company or of a local authority, the obligation to pay the compensation for a land acquired under the Act is that of the Government. It was also held that attachment of assets of requisitioning authority cannot be ordered by the Executing Court.

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In the present case, it is to be noticed that a Lok Adalath was held and there was an Award passed at

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W.P.(C) No. 8908/2017

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-3-

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Ext.P3, in which the Government had also received some concessions; which the petitioner, the landowner, agreed to, for expeditious disbursal of the amounts. The amounts, as agreed in Ext.P3, were not deposited within the period, thus making a mockery of the Lok Adalath conducted, in which the Government also participated. In any event, as of now, the petitioner is entitled to an amount of Rs.1,68,86,520/- with 15% per annum interest from 12.12.2015.

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The learned Counsel for the Municipality, in fact, points out that there were judgments with respect to the very same acquisition, in which this Court had directed remittance of the agreed amount along with interest within a period of time, as specified by the Court. The District Collector is also said to have complied with the said orders by directing the Tahsildar to make the payments.

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W.P.(C) No. 8908/2017

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In such circumstance, the District Collector, the 2^nd respondent, shall quantify the amounts due with interest @15% per annum and inform the petitioner the amounts due as on 30.11.2017, within a period of two weeks from the date of receipt of the certified copy of this judgment. The District Collector shall also pay 50% of the amounts within three months therefrom and the

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balance 50% within another three months. The petitioner shall also be entitled to future interest, which shall be paid after the entire amounts due as on 30.11.2017 is first deposited. The Government would be entitled to proceed against the Municipality.

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The writ petition is disposed of. No Costs.

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Sd/K.VINOD CHANDRAN, JUDGE

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jjj 7/11/17

Suji.S. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Suji.S. v. State of Kerala

Case brief

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What did the court decide?

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