M.Muraleedharan Pillai vs State Of Kerala on 26 May, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 5687 of 2008(B)


1. M.MURALEEDHARAN PILLAI,
                      ...  Petitioner
2. K.SUMATHI AMMA, ALAPPURATHUVEEDU,
3. K.PANKAJAKSHY AMMA, KARIKKATHIL

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. THE DISTRICT COLLECTOR, KOLLAM.

3. THE SPECIAL TAHSILDAR, K.I.P NO.VII,

                For Petitioner  :SRI.PRATHEESH.P

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :26/05/2008

 O R D E R
                        PIUS C. KURIAKOSE, J.
                    ----------------------------------
                     W.P.(C) NO. 5687 of 2008
                    ----------------------------------
              Dated this the 26th day of May , 2008

                              JUDGMENT

The grievance, which the petitioners have voiced, is that while

passing award under Section 28A of the Land Acquisition Act, the

Land Acquisition Authority has not granted statutory interest. In this

writ petition the prayer is that direction be issued to the second

respondent District Collector to consider and dispose of Exts.P2, P3

and P4 applications. The prayers in Ext.P2, P3 and P4 are that the

interest amount, which is not paid, be paid immediately together with

solatium which is also legitimately due but not paid.

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

that though concededly award under Section 28A of the Act was

passed in 2001, the petitioners have filed Exts.P2, P3 and P4 only in

2007 and that absolutely no explanation is forthcoming for the delay

which has been caused in the matter. The learned counsel for the

petitioners also was not able to offer any plausible explanation for the

apparent delay caused in the matter. However, since Exts.P2, P3 and

P4 are yet to be disposed of by the second respondent, I dispose of

WPC No.5687/2008 2

this writ petition without going into the merits of the grounds issuing

the following directions;

If Exts.P2, P3 and P4 are even now pending before the 2nd

respondent, he will consider those applications in the light of the

various grounds raised in the writ petition, take a decision and

communicate the decision to the petitioners. Decision will be taken

and communicated as directed above at the earliest and at any rate

within six weeks of receiving a copy of this judgment.

PIUS C. KURIAKOSE
JUDGE
dpk