High Court Kerala High Court

Mohanan vs Sasidharan on 4 July, 2008

Kerala High Court
Mohanan vs Sasidharan on 4 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 3293 of 2008(P)


1. MOHANAN, AGED 51 YEARS,
                      ...  Petitioner
2. SHEELA LAKSHMANAN,

                        Vs



1. SASIDHARAN, AGED 52 YEARS,
                       ...       Respondent

2. SUDHA, AGED 43 YEARS,

3. THE DISTRICT COLLECTOR,

                For Petitioner  :SRI.T.M.ABDUL LATHEEF

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :04/07/2008

 O R D E R
                        PIUS C. KURIAKOSE, J.
                     ----------------------------------
                   W.P.(C) NO. 3293            of 2008
                     ----------------------------------
               Dated this the 4th      day of July , 2008

                               JUDGMENT

The Deputy Collector, L.A.A., Thiruvananthapuram, is impleaded

suo motu as additional 4th respondent in this writ petition. The

Registry will carry out corrections in the cause title.

2. The grievance of the petitioners is that because of certain

frivolous claims and objections raised by respondents 1 and 2 over

their properties having an extent of 0.00.57 hecters acquired for the

purpose of widening of Pongumoodu – Medical College Ulloor road,

the additional 4th respondent – the Land Acquisition Officer is not

paying award amount coming to Rs.22,239.54 to the petitioners. It is

conceded by the Government that as per the revenue records the

acquired property stands registered in the name of the petitioners

only. It is stated that because of the claims submitted by respondents

1 and 2 only, it was decided initially that the amounts would be

deposited under Section 31(2) before the Court. The amount is now

held in revenue deposit pursuant to the direction by this court that

the amount should not be deposited under Section 3 1 (2) of the Act.

WPC No. 3293/2008 2

Exts.P1 , P2, P3 ,P5 and also the judgment of this court in F.A. O.

No.297/2005 give strong support to the claim of the petitioners that

they are the absolute owners entitled to the compensation for the

acquired property and that respondents 1 and 2 have no legitimate

claim whatsoever over the properties. Even though notice was served

on respondents 1 and 2 by special messenger deputed by this court

they have not entered appearance in response to the notice. Probably

they would have realised that in the teeth of the documents which

includes several courts’ judgments it will be difficult for them to

substantiate their claims over the property. Under these

circumstances, I am of the view that the award amount should be paid

to the petitioners. I therefore, dispose of this writ petition issuing the

following directions;

i). Respondents 3 and 4 and the additional 4th respondent are

directed to see that the total amount of Rs.2,22,040/- awarded in the

joint names of the petitioners and the first respondent on 19.7.2007 in

L.A.C. 394/2006 be released to the petitioners within two weeks of

their making available a copy of this judgment.

ii). After the cheque issued by the additional 4th respondent

pursuant to the above direction is encashed by the petitioners, the

petitioners will inform the first respondent of such encashment

WPC No. 3293/2008 3

immediately by registered post with acknowledgment due.

PIUS C. KURIAKOSE
JUDGE
dpk