High Court Kerala High Court

Subbarayan Chakrapani Embran vs State Of Kerala Rep. By Secretary on 30 September, 2008

Kerala High Court
Subbarayan Chakrapani Embran vs State Of Kerala Rep. By Secretary on 30 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 27135 of 2005(E)


1. SUBBARAYAN CHAKRAPANI EMBRAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REP. BY SECRETARY
                       ...       Respondent

2. DISTRICT COLLECTOR, KOTTAYAM.

3. SPECIAL THAHSILDAR (LA),

                For Petitioner  :SRI.A.T.ANILKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :30/09/2008

 O R D E R
                     PIUS.C.KURIAKOSE,J.
                      ------------------------
                   W.P.(C)No.27135 of 2005
                      ------------------------
          Dated this the 30th day of September, 2008

                            JUDGMENT

The grievance voiced by the petitioner is that the

respondent the land acquisition officer without any justifiable

reason kept the compensation amount due for his acquired

properties under revenue deposit. He submits that though the

award was passed as early as on 29/12/2001 and he had

produced his title document relating to the acquired property

earlier, the compensation amount was released to him only on

31/8/2005 and that too pursuant to the judgment of this court in

W.P.(C) No.15134/2005. According to Sri.A.T.Anilkumar,

learned counsel for the petitioner, the title document produced by

the petitioner discloses a clear and marketable title to the

petitioner over the acquired property.

2. Sri.Basant Balaji, the learned Government Pleader would

submit that as per the revenue records, the properties stood in

the name of Sri.Ravi Raman and not in the name of the

WPC.No.27135/2005 2

petitioner. The learned Government Pleader pointed out that

after producing the title document it was necessary to remove

the anomaly of the documents standing in the name of the

petitioner and the revenue records standing in the name of

Sri.Ravi Raman. The petitioner never approached the respondent

till 2005 when he filed W.P.(C) No.15134/2005 before this court.

That writ petition was filed with a prayer that the amount be

directed to be released with interest. This court became

inclined to direct release of only the principal amount. Prayer

for interest was declined.

3. Sri. A.T.Anil Kumar submitted that the very

circumstance that the respondents never thought in terms of

sending a reference under Section 31 (2) of the Land Acquisition

Act will reveal that the government had no serious dispute

regrading the petitioner’s title over the property. He further

submitted that even if the acquiring authority thought that

Sri.Ravi Raman also was interested in the compensation, the

course to be adopted was to issue notice to Sri.Ravi Raman and

then draw up a reference arraying both parties and facilitate

adjudication by the court. The above submission of Sri. Anil

WPC.No.27135/2005 3

Kumar cannot be said to be totally without force. But, I find that

the petitioner had approached this court in 2005 with a prayer

for release of the amount with interest. That prayer was

declined/not granted. May be true that the issue was not

specifically adjudicated by this court. But whatever that be, I do

not think that the petitioner will be justified in invoking writ

jurisdiction of this court again seeking a relief which was

declined or not granted in the earlier writ petition.

This writ petition will stand dismissed. But, this judgment

will not stand in the way of the petitioner approaching a regular

civil court for the relief sought for. If a civil suit is filed by the

petitioner within one month from today, the period between

2/6/2005 and the date of actual filing of the suit will be

excluded from the reckoning under Section 14 of the Limitation

Act for the purpose of limitation.

(PIUS.C.KURIAKOSE,JUDGE)
dpk