IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 8927 of 2010(M)
1. JOSE,S/O.JOSEPH,PARAPILLY HOUSE,KALADY,
... Petitioner
2. ANTONY,S/O.JOSEPH,PARAPILLY HOUSE,
3. TOMY,S/O.JOSEPH,PARAPILLY HOUSE,KALADY,
Vs
1. SPECIAL TAHSILDAR(LAND ACQUISITION)
... Respondent
2. DISTRICT COLLECTOR, ERNAKULAM.
3. STATE OF KERALA, REPRESENTEDBY THE
4. THE SECRETARY,BOARD OF REVENUE,
5. SREE SANKARACHARYA UNIVERSITY OF
For Petitioner :SMT.ROSE MICHAEL
For Respondent :SRI.P.K.VIJAYAMOHANAN,SC,SANKARACHA.UTY
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :07/07/2010
O R D E R
T.R. Ramachandran Nair, J.
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W.P.(C) No. 8927 of 2010-M
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Dated this the 7th day of July, 2010.
JUDGMENT
The property owned by the petitioners were acquired for the purpose
of the 5th respondent University. The acquisition was done by invoking
Section 17(4) of the Land Acquisition Act, 1894.
2. The main relief sought for in the writ petition is to direct the first
respondent to consider Ext.P6 representation and pay compensation
awarded to the petitioners as per Award No.196/1996 in L.A.C. No.40/93
without any delay.
3. The case of the petitioners is that the petitioners have already
surrendered possession of the land and in spite of passing of awards, they
have not been paid the amount of compensation awarded.
4. In the counter affidavit filed by the first respondent, it is
mentioned that the requisitioning authority, herein the 5th respondent, has
not deposited the amount so far, in spite of various communications issued
and the last of the communications is dated 18.12.2009.
5. Learned Standing Counsel for the University submitted that the
University is taking steps to reconcile the accounts and to deposit the award
wpc 8927/2010 2
amount and it is submitted that steps will be completed and the amount will
be deposited within a period of three months.
6. The fact remains that in spite of passing of the award and handing
over possession, the petitioners are yet to receive the amount in question.
There is unreasonable delay on the part of the 5th respondent in the matter.
7. Therefore, there will be a direction to the 5th respondent to deposit
the amount covered by the award for payment to the petitioners, within a
period of three months and on such deposit, the first respondent will take
steps to see that the amount is paid to the petitioners without any further
delay. The claim for payment of interest is left open.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
kav/