Chandrasekharan vs Dr. P. Suresh Babu
2021 Latest Caselaw 6831 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

        FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942

            Con.Case(C).No.648 OF 2018(S) IN WP(C). 36096/2016

AGAINST THE JUDGMENT IN WPC 36096/2016 DATED 08-12-2016 OF HIGH COURT
                             OF KERALA


PETITIONERS/PETITIONERS IN W.P.(C):

       1       CHANDRASEKHARAN
               HUSBAND OF LATE SANTHAKUMARI, PILAKKOTTIL
               HOUSE,KAVILPADU, OLAVAKKODE, PALAKKAD.

       2       UDAYASANKAR
               S/O LATE. SUBRAMANIYAN, UDAYA NIVAS, 9/266,
               KAVILPADU,OLAVAKKODE, PALAKKAD.

       3       KUMARAN
               S/O (LATE) MADHAVA MOOTHAN, OLAVAKKODE, PALAKKAD.

       4       JABBAR @ ABDUL JABBAR,
               S/O NOOR MUHAMMED, POLAKKUNNAM PARAMBU, SHABANA
               MANZIL,KIZHAKKE VENNAKKARA, ST.NO.10, NOORANI PO,
               PALAKKAD.

       5       BALASUBRAMANIYAN
               S/O PRABHAKARAN NAIR, POOSARIPOTTA,
               VELLATTUKULAM,KIZHAKKEKAALM, KAVILPADU, OLAVAKKODE,
               PALAKKAD.

       6       SARASWATHI
               W/O (LATE) VENUGOPAL, 12/354, VELLATTU,
               KIZHAKKEKALAM,KAVILPADU, OLAVAKKODE, PALAKKAD.

       7       S. PREMAKUMARI
               D/O SIVARAMAN, DOOR NO.26/4, TILES AND TIMBER
               DEPO,KOTTAIMEDU (ST) ANAIMALAI PO, POLLACHI,
               TAMILNADU-642 104.

       8       KUNCHI AMMA
               W/O (LATE) K.K VELAYUDHAN, DEVI NIVAS,KAVILPADU,
               OLAVAKKODE, PALAKKAD.

       9       RAJAKUMARAN
               S/O (LATE) K.K VELAYUDHAN, DEVI NIVAS,
               KAVILPADU,OLAVAKKODE, PALAKKAD.
 C.O.(C) No. 648/2018
in W.P.(C) No. 36096/2016           :2:

                BY ADV. SHRI.U.BALAGANGADHARAN

RESPONDENTS/RESPONDENTS 1 & 2 IN W.P.(C):

        1       DR. P. SURESH BABU,
                AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
                DISTRICT COLLECTOR,CIVIL STATION, PALAKKAD-678 001.

        2       SMT. M.S ZEENATH
                AGE AND FATHER'S NAME NOT KNOWN TO THE
                PETITIONER,SPECIAL TAHSILDAR, LAND ACQUISITION
                (GENERAL)NO.II, PALAKKAD-678 001.


                BY SRI. SURIN GEORGE IPE, SR. GOVERNMENT PLEADER




      THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION
      ON 26.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 C.O.(C) No. 648/2018
in W.P.(C) No. 36096/2016           :3:



              Dated this the 26th day of February, 2021.
                            JUDGMENT

This Contempt Case is filed complaining that the directives

contained in the judgment dated 08.12.2016 in W.P.(C) No. 36096 of

2016 is not complied with.

2. An affidavit is filed by the 3 rd respondent stating that the

compensation in terms of the Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and Resettlement Act,

2013 (Act, 2013) is paid to the petitioner.

3. However, the learned counsel for the petitioner submitted

that statutory interest in contemplation of the provisions of Act, 2013

at the rate of 9% is not paid to the petitioner. In my considered view,

if any amounts due under the Act, 2013 is not paid, a statutory

remedy is available to the petitioner to seek reference under Section

64 of the Act, 2013.

In that view of the matter and since substantially the directions

contained in the judgment are complied with, I do not find any reason

to pursue the contempt case any further. Accordingly, this Contempt

Case is closed, leaving open the liberty of the petitioner to seek

appropriate remedy.

SHAJI P. CHALY, JUDGE.

Rv