Allowed

State of Kerala Represented by Special Tahasildar v. Sreedharan Nair

Kerala HC8 Mar 2022RP/236/2022

Case brief

AI extract

What is this about?

The Kerala High Court, in a review petition, allowed the recall of a prior judgment concerning land acquisition awards. The Court held that since the State had preferred appeals challenging the awards with a stay directive requiring a 50% deposit, the original order stipulating execution timelines required revision.

What did the court decide?

The review petition is allowed and the judgment is recalled subject to the direction regarding payment of 50% compensation.

State of Kerala Represented by Special Tahasildar Vs… — Land Acquisition | Kerala HC (2022)

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RP.236/22

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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 V.G.ARUN

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TUESDAY, THE 8^TH DAY OF MARCH 2022 / 17TH PHALGUNA, 1943

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RP NO. 236 OF 2022

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AGAINST THE ORDER/JUDGMENT IN OP(C) 1565/2021 OF HIGH COURT

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OF KERALA

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REVIEW PETITIONER/S:

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STATE OF KERALA REPRESENTED BY SPECIAL TAHASILDAR (L A ) RAILWAYS ,KAYAMKULAM, PIN - 690106

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BY SR.GOVERNMENT PLEADER PREMCHAND R.NAIR

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RESPONDENT/S:

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1 SREEDHARAN NAIR AGED 59 YEARS S/O JANARDHANAN PILLAI,CHILLAMADATHIL,KARUMADU,AMBALAPPUZHA,ALAPPUZ HA, PIN - 688561

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2 THE DIVISIONAL MANAGER,SOUTHERN RAILWAY,ERNAKULAM, PIN - 682016

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BY ADV A.KRISHNAN

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OTHER PRESENT:

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SC FOR RAILWAYS A.DINESH RAO

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 08.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

RP.236/22

V.G.ARUN, J.

R.P.No. 236 of 2022 in O.P(C).No. 1565 of 2021

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----------------------------------------------Dated this the 8^th day of March, 2022

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O R D E R

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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.

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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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I find substantial merit in the submission. The State having preferred appeals against the awards, for the execution of which time limit is stipulated in these original petitions, I deem it appropriate to review the judgment, particularly in view of the fact

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RP.236/22

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that, while admitting the appeals and granting stay, this court is directing payment of 50% of the compensation amount.

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In that view of the matter, the review petition is allowed and

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the judgment is recalled.

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Sd/-

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V.G.ARUN, JUDGE

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vgs

State of Kerala Represented by Special Tahasildar v. Sreedharan Nair

Case brief

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State of Kerala Represented by Special Tahasildar v. Sreedharan Nair

Case brief

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