Three writ petitions concerning land acquisition compensation were disposed of by directing the State Government to pay 30% of the due amounts within four months and the remaining 70% in four equated monthly installments.
Direction to State Government to pay 30% of compensation within four months and balance 70% in four equated monthly installments.
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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. 31602 of 2018
PETITIONER:
THAMPI S/O ACHUTHAN, T.C O 5/186, JAYAVILASAM , ALATHARA, SREEKARIYAM P. O, THIRUVANANTHAPURAM BY ADV. SRI.BASANT BALAJI
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695001 2 THE DISTRICT COLLECTOR, CIVIL STATION,KUDAPPANAKUNNU,THIRUVANANTHAPURAM 695005
SMT.A.C.VIDHYA,GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 34072,33051 and 31602 of 2018
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ALEXANDER THOMAS,J.
==========================
W.P.(C) Nos.34072,33051,31602/2018
================================== Dated this the 12th day of November, 2018
J U D G M E N T
The prayers in W.P.(C) No.34072/2018 are as
follows:-
1) A Writ of Mandamus, order or direction be passed directingthe respondents to deposit the total amount of enhanced compensation in court due under E.P.409/2014 in LAR 50/2010 on the file of the II Addl Sub Judge, Thiruvananthapuram within a time to be fixed by this hon'ble court.
2)Such other relief's that are appropriateand incidential to this writ petition
The prayers in the W.P.(C)No.33051/2018 are as
follows:-
1) A Writ of Mandamus, order or direction be passed directing the respondents to deposit the total amount of compensation in court due under E.P.179/2017 in LAR 100/2013 on the file of the II Add. Sub Judge, Thiruvananthapuram within a time to be fixed by this hon'ble court.
2) Such other relief's that are appropriate and incidential to this writ petition.
The prayers in the W.P.(C) No.31602/2018 are as
follows:-
1) A Writ of Mandamus, order or direction be passed
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WP(C).No. 34072,33051 and 31602 of 2018
directing the respondents to deposit the total amount of compensation in court due under E.P.659/2015 in LAR 62/2011 on the file of the II Add. Sub Judge, Thiruvananthapuram within a time to be fixed by this hon'ble court.
2) Such other relief's that are appropriate and incidential to this writ petition.
2. The petitioners in these cases, whose the lands have been acquired under the very same notification, are aggrieved by the inordinate delay on the part of the respondents in making payments of the amounts due to them under the decree, consequent to the acquisition of the lands, which has been already effected by the respondents quite some time ago. After passing of the awards, the petitioners have also approached the LAR court concerned for enhancement of compensation which has also been duly granted by the LAR court concerned as per judgment and decree of the 2nd
Add.Sub Judge, Thiruvananthapuram in LAR No.50/2010, LAR NO.100/2013 and LAR No.62/2011 respectively. Thereafter, the petitioners have also filed Ext.P1 Execution Petition Nos.409/2014, 179/2017 and 659/2015 before the LAR Court concerned for execution of the said decree. Ext.P2
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WP(C).No. 34072,33051 and 31602 of 2018
produced in this cases are the copies of the statement of accounts filed in the respective E.Ps. The petitioners rely on the judgments rendered by
this court in cases as in the judgment dated 12.04.2017 in W.P.(c)No.11504/2017, wherein this Court has directed that the 30% of the due amounts should be paid to the claimant concerned within two months and the balance 70% should be paid in four equated monthly installments, etc.
3. The petitioner in W.P.(c) No.34072/2018 has pointed out that the said party is urgently need of money on account of the medical treatments to be undergone by the said petitioner as discernible by Ext.P3 medical certificate. The petitioner in W.P. (c) No.31602/2018 would submit about the urgency of getting money on account of the high expenses already expended in connection with the marriage of
the said petitioner's daughter, as discernible from Ext.P3 herein etc.
4. Taking note of the stand taken by this Court
in Ext.P4 judgment, it is ordered that the
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WP(C).No. 34072,33051 and 31602 of 2018
respondent State Government authority concerned will all steps possible under the circumstances to release 30% of the due amounts to the petitioners in these 3 cases within four months and to pay the balance 70% in four equated monthly installments etc.
5. If the petitioners have any further
grievances regarding non-payment of the due amounts, they may approach execution court concerned for urgent steps for final disposal of
the said E.Ps and the said execution court will take steps to finally dispose of E.Ps after hearing both sides and taking note of the directions issued
by this court in Ext.P4 judgment, etc.
With these observations and directions, the above Writ Petitions (Civil) will stand finally
disposed of.
Sd/-
SAS/12.11.2018 ALEXANDER THOMAS //TRUE COPY// JUDGE P.A. TO JUDGE
WP(C).No. 34072,33051 and 31602 of 2018
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE EXECUTION PETITION NO 659/2015 IN LAR NO 62/2011 ON THE FILE OF THE 11 ADD SUB JUDGE THIRUVANANTHAPURAM EXHIBIT P2 TRUE COPY OF THE STATEMENT OF ACCOUNTS IN EP 659/2015 IN LAR 62/2011 ON THE FILE OF THE 11ND SUB JUDGE THIRUVANANTHAPURAM EXHIBIT P3 TRUE COPY OF THE MARRIAGE INVITATION CARD OF THE PETITIONERS DAUGHTER.
2 issues framed by the court
Whether the State Government is directed to release 30% of the compensation due to land acquisition petitioners within four months.
Whether the balance 70% compensation should be paid in four equated monthly installments.
Thampi S/O Achuthan
State of Kerala
District Collector, Civil Station, Kudappanakkunno
Executive Engineer, PWD Roads Division, Thiruvananthapuram
A.C. Vidhya
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
