Joseph vs State Of Kerala on 23 December, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 25147 of 2010(P)


1. JOSEPH, NETTUKATTIL HOUSE,
                      ...  Petitioner
2. SR.SANTHA, MOTHER SUPERIOR,
3. JOSE, PULIMOOTTIL HOUSE,
4. T.C.JACOB @ CHACKO,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. THE DISTRICT COLLECTOR,

3. THE REVENUE DIVISIONAL OFFICER,

4. EXECUTIVE ENGINEER,

                For Petitioner  :SRI.S.ANANTHAKRISHNAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :23/12/2010

 O R D E R
                              P.N.RAVINDRAN, J.
                              ---------------------------
                        W.P.(C) No. 25147 OF 2010
                               --------------------------
                Dated this the 23rd day of December, 2010

                                 J U D G M E N T

The petitioners are land owners. The land belonging to them were

acquired pursuant to a notification issued under the Land Acquisition Act,

1894. The petitioners did not object to the quantum of compensation

awarded by the Land Acquisition Officer till the owner of another parcel of

land which was acquired under the very same notification moved for

referring the dispute regarding the quantum of compensation to the Sub

Court, Thodupuzha where it was taken on file and numbered as LAR No.1

of 2004. Pursuant to the award passed in LAR No.1 of 2004, the

petitioners moved the Land Acquisition Officer for redetermination of the

compensation by submitting Exts.P1 to P4 applications. By Exts.P5 to P8

orders dated 31.5.2010, the Land Acquisition Officer redetermined the

compensation. Besides increasing the land value, the Land Acquisition

Officer also directed payment of consortium and interest calculated at the

statutory rates for the period ending with 31.5.2010. The grievance voiced

by the petitioners is that, till date, payment of the enhanced compensation

granted as per Exts.P5 to P8 orders has not been made. In this writ

petition, the petitioners seek expeditious payment of the redetermined

compensation.

2. When the writ petition came up for hearing today, Sri.

K.Ramesh, the learned Govt. Pleader appearing for the respondents

WPC No.25147/2010 2

submitted that the respondents will pay over the redetermined

compensation to the petitioners within six weeks from today. The learned

counsel for the petitioners submitted that the interest for the period from

1.6.2010 is also due. A mere reading of Exts.P5 to P8 orders discloses

that the Land Acquisition Officer has computed interest only up to

31.5.2010. Since the money has not been paid so far, the petitioners are

entitled to interest thereafter also till it is tendered to them.

I accordingly dispose of this writ petition with a direction to the

competent authority among the respondents to pay over the amounts

covered by Exts.P5 to P8 orders together with interest at the statutory rates

for the period from 1.6.2010 till payment, expeditiously and in any event

within six weeks from today. The petitioners shall, in order to enable the

respondents to comply with the above directions, produce a certified copy

of this judgment before the Land Acquisition Officer.

P.N.RAVINDRAN,
(JUDGE)
vps

WPC No.25147/2010 3

WPC No.25147/2010 4