The High Court of Kerala dismissed a writ appeal filed against an order directing the deposit of 20% dispute compensation to the Registrar General in trust, noting the agreement of all parties and safe custody of funds.
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 THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 20TH DAY OF NOVEMBER 2020 / 29TH KARTHIKA, 1942
WA.No.1501 OF 2020
AGAINST THE ORDER/JUDGMENT IN WP(C) 35828/2019(C) OF HIGH COURT OF KERALA
APPELLANT/respondent 3 to 5:
1 ALEXANDER CORREYA
AGED 60 YEARS
S/O.LAWRENCE CORREYA, CORREYA COTTAGE, CORREYA ROAD, PACHALAM, COCHIN-682 012.
AGED 57 YEARS
S/O.PETER, KOLUTHUM VEETIL, TOLL GATE ROAD, VADUTHALA P.O., COCHIN-682 023.
S/O.RAPHEAL, VAZHUVELI HOUSE, VADUTHALA P.O., COCHIN682 023.
BY ADV. SRI.A.C.VENUGOPAL
RESPONDENTS/PETITIONER AND RESPONDENTS 1 & 2 AND 6 TO 15:
AGED 57 YEARS
S/O.ALEX.P.J., PADINJATTUM MURI HOUSE, PUSHPAKA ROAD, VADUTHALA P.O., KOCHI-682 023.
4 V.J.PAUL JOSEPH, S/O.JOSEPH, VALIYAPARAMBIL HOUSE, PACHALAM P.O., COCHIN-682 012.
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| 5 | P.J.GREGORY, S/O.JOSEPH, PADIYATHUPARAMBIL HOUSE, VADUTHALA P.O., COCHIN-682 023. |
|---|---|
| 6 | P.J.JOSEPH, S/O.JOHN, PADINJATTUMURI HOUSE, VADUTHALA P.O., COCHIN-682 023. |
| 7 | V.J.PETER, S/O.JOSEPH, VALIYAPARAMBIL HOUSE, VADUTHALA P.O., COCHIN-682 023. |
| 8 | GILROY MENDEZ, S/O.ANTONY MENDEZ, VALIYAPARAMBIL HOUSE, VADUTHALA P.O., COCHIN-682 023. |
| 9 | KATHRIKUTTY AUGUSTHY, AGED 64 YEARS W/O.SHANKAR LAL, FLAT NO.B-10, JEWEL BLUE BELL TOWER, KANNACHANTHODU ROAD, AYYAPPANKAVU, ERNAKULAM NORTH P.O., ERNAKULAM-682 018. |
| 10 | ULLAS SHANKAR PUROHIT, S/O.SHANKAR LAL, FLAT NO.B-10, JEWEL BLUE BELL TOWER, KANNACHANTHODU ROAD, AYYAPPANKAVU, ERNAKULAM NORTH P.O., ERNAKULAM-682 018. |
| 11 | DEEPA SIMON, W/O.ULLAS SHANKAR PUROHIT, FLAT NO.B-10, JEWEL BLUE BELL TOWER, KANNACHANTHODU ROAD, AYYAPPANKAVU, ERNAKULAM NORTH P.O., ERNAKULAM-682 018. |
| 12 | YOLAND CORREYA, W/O.LATE ANDREW, CYRIL CORREYA, H.NO.73/207, HENDRICKS COTTAGE, ANGLO INDIAN SCHOOL, CROSS ROAD, VADUTHALA P.O., COCHIN-682 023. |
| 13 | SPECIAL TAHILDAR(LA), COCHIN METRO RAIL PROJECT, CIVIL STATION, KAKKANAD, COCHIN-682 030. |
SMT.M.KABANI DINESH, FOR R1, SRI.MANUEL VIVERA, FOR R2 AND R3, SRI.RAJESH VIJAYAN FOR R4, SRI. TEK CHAND, SENIOR GOVERNMENT PLEADER FOR R13 SMT.C.G.PREETHA FOR R5 TO R8
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA.No.1501 OF 2020
3
JUDGMENT
S. MANIKUMAR, CJ
Instant writ appeal is filed against the direction of a learned Single Judge in W.P.(C) No.35828/2019 dated 17th February, 2020, by which the writ court directed the Kochi Metro Rail Project to deposit 20% of the value of the property, in favour of the Registrar General, High Court of Kerala, to be maintained in a separate account in State Bank of India, High Court Branch.
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company in favour of Kochi Metro Rail Project.
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deed of the property in favour of Kochi Metro Rail Project and also to collect the balance 20% of the compensation amount due to the company. The impugned judgment is based on the consent given by all parties. No prejudice is caused to the appellant or to any of the parties herein as the entire amount is in the safe custody of the Registrar General, High Court of of Kerala, in a separate account. Besides writ court has also safeguarded the interest of the parties by directing that the amount can be released only based on any orders to be passed by the National Company Law Tribunal, Kochi.
In the light of the above, we are not inclined to interfere with the impugned judgment. Writ appeal fails, accordingly it is dismissed.
Sd/-
S.MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P.CHALY
JUDGE
smv
1 issue framed by the court
Whether the High Court should interfere with the order directing deposit of dispute compensation amount.
Alexander Correya
John Bosco
The Bhaghyodayam Company
The Administrator, The Bhaghyodayam Company
V.J.Paul Joseph
P.J.Gregory
S.MANIKUMAR
SHAJI P.CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
