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Sindhu Chandran v. the State of Kerala

Kerala HC4 Feb 2019WP(C)/3189/2019

Case brief

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What is this about?

The High Court of Kerala, in this writ petition, directed the District Collector to pay the compensation awarded by a Lok Adalat in 2015 to the petitioner and legal heirs of a deceased owner. The judgment mandated payment within four months, along with additional interest for any delay in complying with the settlement.

What did the court decide?

Direction to the 2nd respondent to pay the due compensation and interest within four months; liability for 3% additional p.a. interest upon default.

Sindhu Chandran Vs the State of Kerala — Land Acquisition | Kerala HC (2019)

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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 ALEXANDER THOMAS

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MONDAY, THE 04TH DAY OF FEBRUARY 2019 / 15TH MAGHA, 1940

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WP(C).No. 3189 of 2019

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PETITIONER:

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SINDHU CHANDRAN, AGED 43 YEARS D/O.T.VIJAYAKUMAR, RESIDING SREENANDANAM, HOUSE NO.32/33A, KANIYAVALLI ROAD, PUTHIYAKAVU, THEKKUMBHAGAM VILLAGE, THRIPUNITHURA, ERNAKULAM - 682 031.

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BY ADV. SRI.J.HARIKUMAR

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY SECRETARY REVENUE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM PIN CODE - 695 001.

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2 DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM, PIN CODE - 695 043.

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3 THE SECRETARY, VARKALA MUNICIPALITY, MUNICIPAL OFFICE, VARKALA, PIN CODE - 695 141.

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BY ADV. SRI.V.RENJITH KUMAR, SC, VARKALA MUNICIPALITY

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SMT.PRIYA SHANAVAS, GOVT.PLEADER FOR R1 AND R2, SRI.V.RENJITH KUMAR, SC FOR R3

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C)No.3189 of 2019

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ALEXANDER THOMAS, J.

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=========================== W.P(C)No.3189 of 2019

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===========================

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Dated this the 4^th day of February, 2019

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JUDGMENT

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The prayers in the above writ petition (Civil) are as follows:

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“i To issue a writ of mandamus or such other appropriate writ, order or direction directing the respondents 1 and 2 to make payment of the amount in satisfaction of Exhibits P1 decree as modified by Exhibit P2 Award of the Lok Adalat within a time limit to be fixed by this Hon'ble Court.

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ii. To grant such other reliefs as are deemed fit and proper in the interest of justice as well in the facts and circumstances of this case.

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Heard Sri.J.Harikumar, learned counsel appearing for

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the petitioner, Smt.Priya Shanavas, learned Government Pleader appearing for respondents 1 & 2 Sri.V.Renjith Kumar, learned Standing Counsel for the Varkala Municipality appearing for R-3.

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The petitioner is the additional third claimant/Decree Holder in Execution Petition E.P.No.24/27, arising out of LAR No.22/2004 on the file of Sub Court, Attingal. Consequent to Ext.P-1 decree dated 23.12.2011, rendered by the Sub Court, Attingal in LAR No.22/2004, the petitioner’s father-Vijayakumar (original Decree Holder) had filed execution petition in E.P.No.63/2014. When the said E.P was pending, Lok Adalath was

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W.P(C)No.3189 of 2019

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organized by the Taluk Legal Service Authority, Chirayinkeezhu under Sec.19 of the Legal Services Authorities Act, 1987, on 12.12.2015. The 2^nd respondent herein (District Collector) had then offered to make payment of a lesser sum than out of which is actually due to the petitioner and in order to make a quietest to the matter, the petitioner’s predecessor had also agreed to settle the matter, as can be seen from Ext.P-2 award dated 12.12.2015 rendered by the said Legal Service Authority, for an amount of Rs.7,65,288/- (Rupees Seven Lakhs Sixty Five Thousand Two Hundred and Eighty Eight only) on the specific condition that the 2^nd respondent herein shall pay the amount, within six months and that in case, there is failure to pay the said amount, the 2^nd respondent herein should pay the said due amount, along with 15% interest thereon per annum, from the date of the award (12.12.2015). According to the petitioner, inspite of Ext.P-2 settlement arrived at as early as on 12.12.2015. The respondents concerned have resiled from their word and the petitioners are left in their lurch, even though the land acquisition proceedings had commenced sometime in October, 1997.

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In the meanwhile, the petitioner’s father-Vijayakumar

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had died on 20.07.2016, as evident from Ext.P-3 Death Certificate

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issued by the Registrar of Births and Deaths concerned and Ext.P-4 Legal Heirship Certificate, wherein it is shown that the petitioner, her sister and mother are the legal representatives of the deceased Vijayakumar. This Court has already taken the view in similar cases, as per Ext.P-6 judgment rendered on 25.09.2013 in W.P(C)No.16901/2013, that in such cases, the liability to pay the amount is on the acquisitioning authority and not on the requisitioning authority, but subject to liberty of the former, to recoup it from the latter, in the light of the judgment of this Court in Corporation of Cochin v. Michael Luiz [1995 KHC 305 = 1995 (2) KLT 320]. In an identical case, this Court has ordered in Ext.P-7 judgment dated 13.01.2017 in W.P(C)No.292/2017 that the entire amount covered by the award should be paid by the respondent-District Collector therein, within two months and that on failure to pay the said amount, the entire amounts due under the said award, along with additional @5% from the date of the award, should also be paid to the petitioner therein.

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In the light of the abovesaid aspects it is ordered that the 2^nd respondent will immediately take steps to ensure that the entire amounts due to the petitioner and the other legal representatives of the deceased claimant-Vijayakumar, in terms of

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Ext.P-2 award dated 12.12.2015, should be paid within four months from the date of production of a certified copy of this judgment.

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On the failure of the 2^nd respondent to pay the said amount as well as the interest stipulated therein, within the said time limit, then the 2^nd respondent will be liable to pay not only the entire amount covered by Ext.P-2 as well as the interest amount stipulated therein but also additional interest at the rate of 3% per annum on those amounts from 12.12.2015 (date of Ext.P-2 award)

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With these observations and directions, this Writ Petition (Civil) will stand disposed of.

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Sd/-

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ALEXANDER THOMAS JUDGE

vgd/11.02.19

APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE DECREE DATED 23.12.2011 IN LAR NO.22 OF 2004 OF THE SUB COURT, ATTINGAL. EXHIBIT P2 TRUE COPY OF THE AWARD DATED 12.12.2015 EXHIBIT P3 TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY THE MARADU MUNICIPALITY DATED 05/08/2016 EXHIBIT P4 TRUE COPY OF THE LEGAL HEIR SHIP CERTIFICATE DATED 16/08/2016. EXHIBIT P5 TRUE COPY OF THE EXECUTION PETITION NO.24 OF 2017 IN LAR NO.22 OF 2004 BEFORE THE SUB COURT, ATTINGAL DATED 11/04/2017. EXHIBIT P6 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WP(C)NO.16901 OF 2013 DATED 25.09.2013 EXHIBIT P7 TRUE COPY OF THE JUDGEMENT OF THIS HONOURABLE COURT IN WP(C)NO.292 OF 2017 DATED 13/01/2017.

Sindhu Chandran v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Sindhu Chandran v. the State of Kerala

Case brief

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