Remanded

Pathumma Beevi S. v. the District Collector

Kerala HC4 Jan 2019WP(C)/56/2019

Case brief

AI extract

What is this about?

Appeal by land acquisition award victims seeking direction for payment. Court directed respondents to ensure Grama Panchayat deposits funds within 2 months for immediate disbursement to petitioners within one month thereafter.

What did the court decide?

Direct respondents to ensure Panchayat deposits award money within 2 months for disbursement to petitioners within 1 month thereafter.

Pathumma Beevi S. Vs the District Collector — 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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FRIDAY ,THE 04TH DAY OF JANUARY 2019 / 14TH POUSHA, 1940

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WP(C).No. 56 of 2019

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PETITIONER/S:

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1	PATHUMMA BEEVI S., AGE	D 65 YEARS
	W/O.LATE ABDUL REHMAN, CHADAYAMANGALAM MURI, CHADAYAMANGALAM.P.O., 691534.	PARUTHI POYKAYIL, CHADAYAMANGALAM VILLAGE, KOTTARAKKARA TALUK, KOLLAM-
2	ANEESH REHUMAN, S/O.LATE ABDUL REHMAN, CHADAYAMANGALAM MURI, CHADAYAMANGALAM.P.O., 691534.	PARUTHI POYKAYIL, CHADAYAMANGALAM VILLAGE, KOTTARAKKARA TALUK, KOLLAM-
3	ANEESHYA REHUMAN,
	D/O.LATE ABDUL REHMAN, CHADAYAMANGALAM MURI,	PARUTHI POYKAYIL, CHADAYAMANGALAM VILLAGE,
	CHADAYAMANGALAM.P.O., 691534.	KOTTARAKKARA TALUK, KOLLAM-

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BY ADV. SRI.G.BHAGAVAT SINGH

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RESPONDENT/S:

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1	THE DISTRICT COLLECTOR, KOLLAM-691013.
2	THE SPECIAL TAHSILDAR (LA.-II), KOLLAM, MINI CIVIL STATION, KUNDRA, KOLLAM-691501.

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3	THE SECRETARY,
	CHADAYAMANGALAM GRAMA	PANCHAYAT,
	CHADAYAMANGALAM.P.O.,	KOLLAM-691534.

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OTHER PRESENT:

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SMT.A.C.VIDHYA,GOVT.PLEADER FOR R1 AND R2

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ALEXANDER THOMAS, J.

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

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W.P.(C).No. 56 of 2019

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

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Dated this the 4^th day of January, 2019

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J U D G M E N T

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The prayers in the above Writ Petition (Civil) are as follows:

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“(a) direct the 3^rd respondent to deposit sufficient amount to disburse the award amount immediately;

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(b) direct the respondents 1&2 to disburse the award amount as per Ext.P-2 with further interest @ 15% from the date of award till the date of disbursal, immediately, by issuing a writ of mandamus.

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(c) pass any other writ or order or direction which this Hon'ble Court may deem fit and proper to the facts and circumstances of the case.”

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Heard Sri.G.Bhagavat Singh, learned counsel appearing

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for the petitioners and Smt.A.C.Vidhya, learned Govt. Pleader appearing for the respondents. In the nature of the order that is proposed to be passed in this petition, notice to R-3 (Chadayamangalam Grama Panchayat) will stand dispensed with.

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Sri.G.Bhagavat Singh, learned counsel appearing for the petitioners would submit that in an identical case, this Court has already rendered judgment dated 30.1.2018 in W.P.(C).No. 36440/ 2017, wherein directions were given by this Court to the 3^rd respondent Grama Panchayat to make available due amounts before the 1^st and 2^nd respondents within two months from the date of production of a certified copy of the judgment and on receipt of the

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W.P.(C).56/19 - : 3 :-

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said money from the 3^rd respondent as aforestated, efforts should be

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taken that the said amounts are disbursed to the petitioners therein

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within 3 weeks, etc. The abovesaid judgment dated 30.1.2018 rendered by this Court in W.P.(C).No. 36440/2017 reads as follows:

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'This writ petition is filed by the petitioners seeking the following reliefs:

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“(a) To direct the 3rd respondent to deposit the Ext.P3 award amount with further interest @ 15% from the date of award (29.02.2016) till the date of deposit immediately, by issuing a writ of mandamus;

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(b) To direct the respondents 1 & 2 to disburse the award amount with further interest immediately, by issuing a writ of mandamus; and

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(c) Pass any other writ or order or direction which this Hon'ble Court may deem fit and proper to the facts and circumstances of the case.”

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2. Apparently, from Ext.P3, it is evident that an award is passed under Sec.28A of the Land Acquisition Act, 1894. The grievance highlighted by the petitioners is that, the amount covered as per Ext.P3 award is not paid to the petitioners in spite of all earnest efforts of the petitioners. It is thus seeking appropriate directions, this writ petition is filed.

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3. I have heard learned counsel for the petitioners, learned Government Pleader as well as the learned counsel appearing for the 3rd respondent. Perused the documents on record and the pleadings put forth by the petitioners.

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4. According to the learned Government Pleader, the 3rd respondent is the requisitioning authority, who is to deposit the amount and since the amount is not deposited, the Government has not effected payment in accordance with Ext.P3 award.

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5. Having regard to the facts and circumstances of the case and hearing the respective counsel, there will be a direction to the 3rd respondent to make available the amount before the 1st and 2nd respondents within two months from the date of receipt of a copy of this judgment. On receipt of money from the 3rd respondent as directed above, every effort shall be made to dispose of the same at the earliest possible time, and at any rate, within three weeks from the date of receipt of the amount.

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The writ petition is disposed of accordingly.”

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W.P.(C).56/19 - : 4 :-

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Accordingly, following the line of directions issued by this

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Court in W.P.(C).No. 36440/2017, it is ordered that respondents 1 and 2 will take steps to ensure that the 3^rd respondent Chadayamangalam Grama Panchayat, who is the requisitioning authority, will make available sufficient funds so as to disburse the due amounts to the petitioners within a period of 2 months from the date of production of a certified copy of this judgment. Thereafter, respondents 1 and 2 will ensure that the due amounts are disbursed to the petitioners without much delay, preferably within a period of one month thereafter.

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The Registry will forward a certified copy of this judgment to the 3^rd respondent for necessary information at the cost of the petitioners. The office of the Advocate General will forward certified copies of this judgment to respondents 1 and 2 for information and further action.

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With these observations and directions, the Writ Petition (Civil) stands finally disposed of.

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sdk+

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Sd/- ALEXANDER THOMAS, JUDGE

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W.P.(C).56/19

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: 5 :-

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	COPY OF THE	REPRESENT	ATION FILED	BY THE	2ND
	PETITIONER	DATED	4.12.17 BE	FORE	THE
	RESPONDENTS	1 & 2.
EXHIBIT P2	COPY OF THE RESPONDENT OFFICER.	AWARD NIL ISSUED BY	DATED PASSED THE PUBLIC	BY THE INFORMA	2ND TION

Pathumma Beevi S. v. the District Collector

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Pathumma Beevi S. v. the District Collector

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