IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
CON.CASE(C) NO. 711 OF 2022
AGAINST THE JUDGMENT IN WP(C) 32368/2019 OF HIGH COURT OF KERALA
PETITIONER/3RD RESPONDENT:
KOCHI METRO RAIL LIMITED,
4TH FLOOR, JLN STADIUM METRO STATION, BANERJI ROAD,
KALOOR, KOCHI, PIN - 682017(FORMERLY AT 8TH FLOOR,
REVENUE TOWER, PARK AVENUE, KOCHI-682011) REPRESENTED
BY ITS GENERAL MANAGER (PROJECTS), VINU.C. KOSHY, AGED
57 YEARS, S/O. C.K. KOSHY,
BY ADV M.U.VIJAYALAKSHMI
RESPONDENTS/PETITIONERS:
1 ROSHINI @ ANNAMMA DANIEL
W/O. REV. FR. DANIEL JOHN, MATHIRIPPIL, CHALAKKUDI,
THRICHUR, PIN - 680307
2 RENI @ MARIAMMA ROY SAMUEL,
PUTHENPURAKKAL, KANNADI.P.O, PALAKKAD, PIN - 678701
3 JOMON @ GEORGE VARGHESE MATHEW
S/O. MATHEW C CHERIAN, RESIDING AT PADICKAMANNIL HOUSE,
CHAMBAKKARA, POONITHURA, PIN - 682038
BY ADV RAJESH NAIR
SRI JAFFAR KHAN
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
CON.CASE(C) NO. 711 OF 2022
2
JUDGMENT
Sri.Rajesh Nair - learned counsel appearing for the respondents, submits that though his clients are willing to execute the sale documents, they were concerned that Income Tax will be deducted at source and further that their remedy for seeking escalation of compensation will be lost.
2. The learned Counsel, however, conceded that, by the judgment in WP(C)No.17857/2022 filed by his clients, this Court has already declared that no deduction of Income Tax at source is necessary. He, therefore, prayed that it may be clarified that once his clients execute the Sale Deed in favour of the petitioner - Kochi Metro Rail Limited (KMRL), their rights to seek enhancement of compensation will be protected, subject to the decision of the Hon'ble Supreme Court. CON.CASE(C) NO. 711 OF 2022 3
3. It is without need for this Court to state expressly that the right of the petitioners to seek enhancement of compensation will certainly be available to them, depending on the decision to be taken by the Hon'ble Supreme Court.
In the afore circumstances, recording the undertaking of the petitioners that they will go to the office of the Special Tahsildar, L.A.No.1, Kochi Metro Rail Project, Civil Station, Kakkanad at 11 A.M. on 13.06.2022, so as to execute the Sale Documents, I dispose of this contempt case.
Resultantly, I direct the petitioners to inform the afore factum to the Special Tahsildar, so that the documents for execution can be kept ready.
At this time, Sri.Rajesh Nair requested that Sale Deeds be directed to be shown to his clients by the Special Tahsildar. I fail to CON.CASE(C) NO. 711 OF 2022 4 understand the purport of his request because, I do not think that the Special Tahsildar can ask the petitioners to sign a document without them reading it.
Finally, if, for any reason, the respondents refuse to abide by the afore directions, the KMRL will be at liberty to seek a rehearing of this contempt case.
Sd/-
DEVAN RAMACHANDRAN JUDGE SAS CON.CASE(C) NO. 711 OF 2022 5 APPENDIX OF CON.CASE(C) 711/2022 PETITIONER'S ANNEXURES Annexure A TRUE COPY OF THE WRIT PETITION W.P.
(C).NO.32368 OF 2019 (WITHOUT EXHIBITS) FILED BY THE RESPONDENTS BEFORE THIS HON'BLE COURT Annexure B TRUE COPY OF THE ORDER DATED 05.09.2019 IN SPECIAL LEAVE TO APPEAL (C) NO. (S) 11399- 11407/2018 OF THE HON'BLE SUPREME COURT Annexure C CERTIFIED COPY OF THE JUDGMENT DATED 20.12.2021 IN W.P.(C).NO.32368/2019 OF THIS HON'BLE COURT.
Annexure D TRUE COPY OF THE LETTER DATED 07.01.2022 FORWARDED BY THE SPECIAL TAHSILDAR (LA) NO.1 TO THE ADDITIONAL GENERAL MANAGER (FINANCE), KMRL Annexure E TRUE COPY OF THE LETTER DATED 21.01.2022 FORWARDED BY THE RESPONDENTS TO THE SPECIAL TAHSILDAR INCLUDING THE PETITIONER. Annexure F TRUE COPY OF THE COMMUNICATION VIDE NO.LAC-
43/13A DATED 21.01.2022 ISSUED BY THE SPECIAL TAHSILDAR TO THE GENERAL MANAGER (FINANCE) KMRL.
RESPONDENT ANNEXURES Annexure R1(a) TRUE COPY OF THE JUDGMENT DATED 13-12-2017 PASSED IN W.A.NO. 2490 OF 2017 Annexure R1(b) TRUE COPY OF REPRESENTATION DATED 27.12.2021 SUBMITTED BY THE RESPONDENTS BEFORE THE SPECIAL TAHSILDAR Annexure R1(C) TRUE COPY OF REPRESENTATION DATED 10.01.2022 SUBMITTED BY THE RESPONDENTS 1 AND 2 BEFORE THE SPECIAL TAHSILDAR Annexure R1(D) TRUE COPY OF LETTER (LAC-43/13B DATED CON.CASE(C) NO. 711 OF 2022 6 12.01.2022 ISSUED BY THE SPECIAL TAHSILDAR Annexure R1(E) TRUE COPY OF THE POSTAL COVER OF ANNEXURE R1B AS RECEIVED BY THE 3RD RESPONDENT Annexure R1(F) TRUE COPY OF REPLY SUBMITTED BY THE RESPONDENTS ON 27TH OF JANUARY 2022 BEFORE THE SPECIAL TAHSILDAR Annexure R1(G) TRUE COPY OF REPLY (LAC-43/13B DATED 07.03.2022) SUBMITTED BY THE SPECIAL TAHSILDAR TO THE 3RD RESPONDENT Annexure R1(H) TRUE COPY OF REPLY DATED 16.03.2022 (LAC-43-
13B) GIVEN BY THE STATE PUBLIC INFORMATION OFFICER, SPECIAL TAHSILDAR Annexure R1(I) TRUE COPY OF THE POSTAL COVER POSTED FROM THE OFFICE OF THE HON'BLE SUPREME COURT ON 24.01.2022 Annexure R1(J) TRUE COPY OF NOTICE ISSUED BY THE ASSISTANT REGISTRAR IN DIARY NO.29447 OF 2021 DATED 17TH OF JANUARY 2022 (DELY PETITION NO.160437/2021)