The Court allowed a review petition to recall the judgment in O.P(C).No. 1414 of 2021. This was done because the State had preferred Land Acquisition Appeals challenging the awards under execution, for which the Court had stipulated payment of 50% compensation.
The judgment in O.P(C).No. 1414 of 2021 was recalled and the review petition is allowed.
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.239/2022
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 14TH DAY OF MARCH 2022 / 23RD PHALGUNA, 1943
RP NO. 239 OF 2022
AGAINST THE ORDER/JUDGMENT IN OP(C) 1414/2021 OF HIGH COURT OF
KERALA
REVIEW PETITIONER/S:
STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA) (RAILWAYS) KAYAMKULAM, PIN - 690106
BY GOVERNMENT PLEADER VENUGOPAL V
RESPONDENT/S:
1 MANIKANDAN KRISHNAN KUTTY NAIR KADATH, KIZHAKKE MURI, KARUMADI, AMBALAPPUZHA, ALAPPUZHA, PIN - 688561
2 SOUTHERN RAILWAYS, ERNAKULAM, PIN - 682016
BY ADV A krishnan (B/O)
OTHER PRESENT:
GP VENUGOPAL V.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 14.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP.239/2022
2
V.G.ARUN, J.
R.P.No. 239 of 2022
in O.P(C).No. 1414 of 2021
Dated this the 14th 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.239/2022
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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
2 issues framed by the court
Whether the review petition challenging a stay-in-execution order should be allowed given the State's preferment of Land Acquisition Appeals.
Whether the judgment issued in O.P(C).No. 1414 of 2021 requiring the recall of the earlier stay order.
STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA) (RAILWAYS) KAYAMKULAM
MANIKANDAN KRISHNAN KUTTY NAIR KADATH
SOUTHERN RAILWAYS, ERNAKULAM
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
