IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26239 of 2008(W)
1. V.K.SUKUMARAN, S/O.KUTTY AGED 52,
... Petitioner
Vs
1. STATE OF KERALA REP.BY SECRETARY
... Respondent
2. THE DISTRICT COLLECTOR, CIVIL STATION,
3. THE REVENUE DIVISIONAL OFFICER,
For Petitioner :SRI.GEORGE MATHEW
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :03/09/2008
O R D E R
PIUS C. KURIAKOSE,J.
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W.P.(C) No.26239 of 2008
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Dated: 3rd September, 2008
JUDGMENT
According to me, the petitioner is voicing a genuine grievance.
Ext.P1 is copy of the award under Section 28A passed in his favour
redetermining the compensation for his acquired property. As per
Ext.P1, the redetermined amount will carry statutory interest in terms
of Section 34 of the Land Acquisition Act from 19.1.2001, the date of
the original award. However, while drawing cheques towards the
redetermined compensation the writ petitioner is not paid interest.
He submitted Exts.P3 and P3(a) representations which are now seen
declined as per Ext.P4. Ext.P4 refers to Ext.P5 Government letter. As
per Ext.P5 interest is not to be paid on the compensation
redetermined under Section 28A(4). In this Writ Petition the
petitioner challenges Exts.P4 and P5 and seeks a declaration that the
petitioner is entitled for interest as awarded to him under Ext.P1 and
for a writ of mandamus commanding the third respondent to release
the interest due under Ext.P1. The legal position is now trite that
awardees under Section 28A are entitled for interest under Section
34. This is a case wherein Ext.P1 award interest has been specifically
awarded. The respondents are not entitled to contend on the basis of
W.P.C.No.26239/08 – 2 –
any executive order issued by the Government that the parties will
not be paid interest and that too against the express terms of the
award which has become final (See the judgment of this court in
Kallianikutty Amma v. The Special Tahsildar (LA) [2003 (1) KLT
1014]). The result is that the Writ Petition will stand allowed. Ext.P4
is quashed. It is declared that the petitioner is entitled for the entire
interest awarded to him under Ext.P1. There will be a direction to the
third respondent to release the interest which is due to the petitioner
under Ext.P1 on the redetermined compensation at the earliest and at
any rate within three months of receiving copy of this judgment.
srd PIUS C.KURIAKOSE, JUDGE