This writ petition concerned the inordinate delay by the respondents in paying enhanced land compensation to the petitioner. The court directed the respondents to release funds within five months of judgment production or face execution court intervention.
Respondents ordered to take reasonable measures to release funds for compensation within 5 months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ALEXANDER THOMAS
MONDAY, THE 12TH DAY OF NOVEMBER 2018 / 21ST KARTHIKA, 1940
WP(C).No. 30901 of 2018
PETITIONER:
RAJAN RAWTHER AGED 66 YEARS S/O. AHMMED KHAN, RAFFEE MAHAL-311, PRASANTH NAGAR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM.
BY ADVS. SMT.AYSHAMMA ABRAHAM ASHA P. NAIR
RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM- 695 001. 2 THE EXECUTIVE ENGINEER, PWD DIVISION, THIRUVANANTHAPURAM 695 001.
SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C)No.30901 of 2018
2
ALEXANDER THOMAS, J.
=============================
W.P(C)No.30901 of 2018
=============================
Dated this the 12th day of November, 2018
JUDGMENT
The prayers in the above Writ Petition
(Civil) are as follows:
“i. To issue a writ of Mandamus or such other appropriate writ, order or direction directing the respondents to deposit an amount of Rs.75,24,889/- forthwith as per Exhibit P2 and P3 and allow the petitioner to release the same.
iii. To issue any other order, appropriate in the circumstances of the case.”
2. Heard Smt.Ayshamma Abraham, learned
counsel appearing for the petitioner and Sri.Saigi Jacob Palatty, learned Sr.Government
Pleader appearing for respondents.
3. The petitioner is aggrieved by the inordinate delay on the part of respondents, more particularly the 1st respondent in paying
the amounts due to her on account of the
W.P(C)No.30901 of 2018
3
compensation in respect of the land acquisition proceedings initiated by the respondents, whereby the properties of the petitioner has already been acquired. The petitioner has approached Ext.P-1 judgment and decree dated 31.03.2015, the LAR Court concerned (Court of II Additional Sub-Judge, Thiruvananthapuram), has enhanced the land value to Rs.22,99,823/per Are and has also granted other benefits
therein. The petitioner has also filed execution petition, in respect of Ext.P-1 decree in L.A.R.No.189/2012 on the file of the IInd Additional Sub-Court, Thiruvananthapuram. Even though more than 3½ long years have elapsed after the rendering of Ext.P-1 judgment and decree, the respondents has not made any payment, is the complaint of the petitioner. From the pleadings and materials on record, it appears that the 2nd respondent-Chief Engineer of the Public Works Department (Roads & Bridges), Thiruvananthapuram has already addressed the Additional Chief Secretary to
W.P(C)No.30901 of 2018 4
Government of Kerala in the Public Works Department to sanction sufficient funds,
without any further delay for making payment in respect of the petitioner’s case. Ext.P-3 request has been made by the Chief Engineer on 29.12.2017. Smt.Ayishamma Abraham, learned counsel appearing for the petitioner would submit on the basis of instructions of her party that in almost all the other land acquisition cases pertaining to the very same notification, the claimants have already been paid the enhanced compensation quite some time back and the petitioner has been left in the lurch.
4. Having regard to the facts and circumstances, it is ordered that the respondents, more particularly the 1st respondent will take all reasonable measures possible in these circumstances to ensure the
early release of the funds as requested in Ext.P-3, so that the payments can be made to the petitioner, without much delay preferably
W.P(C)No.30901 of 2018
5
within a period of 5 months from the date of production of a certified copy of this judgment. In the meanwhile, the petitioner may also approach the Execution Court to ensure that the execution petition is finally disposed of without much delay and if the payments are not made effected to the petitioner by the respondents within the timeline as suggested by this Court herein above, then the petitioner may seek urgent orders from the Execution Court for the redressal of such further grievances. The petitioner may produce certified copy of this judgment before the respondents as well as the LAR Court concerned, for necessary information and further action.
With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE
vgd/15.11.18
W.P(C)No.30901 of 2018
6
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE DECREE AND JUDGMENT IN LAR NO. 189 OF 2012 BEFORE THE II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM.
EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 25-11-2015.
EXHIBIT P3 TRUE COPY OF THE LETTER DATED 29-12-2017 ISSUED BY THE CHIEF ENGINEER OF PWD DIVISION, THIRUVANANTHAPURAM TO THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT.
1 issue framed by the court
Whether an order directing the respondents to take reasonable measures to ensure early release of funds for payment of land compensation within a specified period is appropriate.
RAJAN RAWTHER
STATE OF KERALA REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM
EXECUTIVE ENGINEER, PWD DIVISION, THIRUVANANTHAPURAM
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
