IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29649 of 2006(D)
1. ANEESH.V.V., S/O.VASU,
... Petitioner
Vs
1. SPECIAL TAHSILDAR,
... Respondent
2. GEORGE DEVASSIA, VELIYATH HOUSE,
For Petitioner :SRI.G.HARIHARAN
For Respondent :SRI.VIJU ABRAHAM
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :29/05/2008
O R D E R
PIUS C. KURIAKOSE, J.
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W.P.(C)No. 29649 OF 2006
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Dated this the 29th day of May, 2008
J U D G M E N T
The prayer in this writ petition is that the compensation for 50
cents of land in survey No.438/1A1A1 (Re. sy. No. 62/3) of
Padinjarathara Village in Vythiri Taluk may not be paid by the first
respondent Land Acquisition Officer to the second respondent and that
the amount be paid to the petitioner being legal heir of his father Vasu
who was the original owner. The learned counsel for the second
respondent submitted that the compensation amount has already been
released by the first respondent to the second respondent on the
strength of a document of sale executed in favour of the second
respondent in execution of a decree for specific performance of
contract for sale of the property in question. Learned Government
Pleader has placed before me the written instructions received by him
which will show that the submission of the counsel for the second
respondent is correct. The Government Pleader also placed before me
a copy of sale deed No. 2786/95 executed by the Judge in O.S.17/92
of the Subordinate Judge’s Court, Sulthan Bathery in favour of the
second respondent. I am convinced on my perusal of the copy of the
above sale deed that the stand of the second respondent is a correct
WP(C)N0.29649/07
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one. The writ petition has become infructuous in the sense that the
money has already disbursed to the second respondent and the same
is dismissed. However, it is made clear that the judgment dismissing
this writ petition will not stand in the way of petitioner seeking remedy
from a competent civil court against second respondent or anybody
else if so advised.
(PIUS C.KURIAKOSE, JUDGE)
ksv/-