In a review petition regarding a stay on land acquisition award execution due to State appeals, the single judge recalled the original judgment to grant similar relief provided to other claimants in related appeals.
Review petition allowed; original judgment recalled to align with orders passed in connected appeals.
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.
RP.235/22
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 10TH DAY OF MARCH 2022 / 19TH PHALGUNA, 1943
RP NO. 235 OF 2022
AGAINST THE ORDER/JUDGMENT IN OP(C) 1552/2021 OF HIGH COURT OF
KERALA
REVIEW PETITIONER/S:
STATE OF KERALA REPRESENTED BY SPECIAL TAHSILDAR (LA)(RAILWAYS) KAYAMKULAM PIN - 690106
BY GOVERNMENT PLEADER VENUGOPAL V.
RESPONDENT/S:
1 MOHANAN AGED 66 YEARS S/O AYYAPPAN KALATHILPARAMBIL KOMANA AMBALAPPUZHA, PIN - 688561
2 SOUTHERN RAILWAYS, REPRESENTED BY THE DEPUTY CHIEF ENGINEER (CONSTRUCTION 2) ERNAKULAM, PIN - 682016
BY ADVS. A.KRISHNAN S.MANU
OTHER PRESENT:
SC FOR RAILWAYS A.DINESH RAO
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 10.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP.235/22
2
V.G.ARUN, J.
R.P.No. 235 of 2022 in O.P(C).No. 1552 of 2021
----------------------------------------------Dated this the 8th 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.
RP.235/22
3
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.
V.G.ARUN, JUDGE
vgs
State of Kerala represented by Special Tahsildar (LA)(Railways) Kayamkulam
Mohan
Southern Railways represented by the Deputy Chief Engineer (Construction 2) Ernakulam
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
