Allowed
State of Kerala Rep.by Special Tahsildar v. Santhamma
Kerala HCRP/218/2022
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 7TH DAY OF MARCH 2022 / 16TH PHALGUNA, 1943
RP NO. 218 OF 2022
AGAINST THE ORDER/JUDGMENT IN OP(C) 1409/2021 OF HIGH COURT OF
KERALA
REVIEW PETITIONER/S:
STATE OF KERALA REP.BY SPECIAL TAHSILDAR, (LA) (RAILWAYS),KAYAMKULAM, PIN - 690502
BY SR.GP.PREMCHAND R. NAIR
RESPONDENT/S:
1 SANTHAMMA W/O LATE KARUNAKARAN NAIR, SASINILAYAM,KIZHAKKE MURI KARUMADI, AMBALAPPUZHA ALAPPUZHA, PIN - 688561
2 THE SOUTHERN RAILWAYS, ERNAKULAM ERNAKULAM, PIN - 682016
BY ADV A.KRISHNAN
OTHER PRESENT:
SC FOR RAILWAYS A.DINESH RAO
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 07.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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V.G.ARUN, J.
R.P.No. 218 of 2022
in O.P(C).No. 1409 of 2021
----------------------------------------------Dated this the 7th day of March, 2022
O R D E R
This review petition is filed pointing out that, subsequent to the judgment of this Court, the Government has preferred Land Acquisition Appeals challenging the awards which are sought to be executed by the original petitioner. It is submitted that in connected appeals, this court has stayed the execution, subject to deposit of 50% of the compensation amount with proportionate interest and cost before the Authority within 60 days. The claimant has also been given liberty to move the Authority for withdrawal of the deposited amount in accordance with law.
2.Learned Government Pleader points out that since this court has stipulated a time limit for disposal of the execution petition, appeal in this case has not been brought up for consideration. It is submitted that it would be beneficial for the claimant also if an order, as in the other appeals, is passed in his case.
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time limit is stipulated in these original petitions, I deem it appropriate to review the judgment, particularly in view of the fact that, while admitting the appeals and granting stay, this court is directing payment of 50% of the compensation amount.
In that view of the matter, the review petition is allowed and the judgment is recalled.
Sd/V.G.ARUN, JUDGE
vgs
State of Kerala Rep. by Special Tahsildar (LA) (Railways), Kayamkulam
Santhamma W/o Late Karunakaran Nair
The Southern Railways, Ernakulam
V.G. Arun
As recorded by the court registry
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