K.Sreedharan Nair vs The Special Tahsildar (La)
2021 Latest Caselaw 2910 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

WEDNESDAY, THE 27TH DAY OF JANUARY 2021 / 7TH MAGHA, 1942

                  WP(C).No.27214 OF 2020(B)


PETITIONERS:

     1       K.SREEDHARAN NAIR
             AGED 88 YEARS
             JOLSNA, THIRUVENKITAM, GURUVAYOOR-680 101,
             THRISSUR DISTRICT.

     2       INDIRA K. NAIR
             SREE HARI, HOUSING BOARD ROAD, GURUVAYOOR-680
             101, THRISSUR DISTRICT.

     3       K.RAMAKRISHNAN
             MADATHIL HOUSE, BEHIND CHAMUNDESWARY TEMPLE,
             P.O. PUTHENPALLY, GURUVAYOOR, THRISSUR
             DISTRICT-680 103.

     4       K. SUKUMARAN
             HARISREEVALSAM, CHAMUNDESWARY ROAD,
             GURUVAYOOR-680 101 THRISSUR DISTRICT.

     5       P.K.VENUGOPALAN
             MADATHIL HOUSE, THIRUVENKITAM, GURUVAYOOR,
             THRISSUR DISTRICT-680 101.

             BY ADVS.
             SHRI.M.V.S.NAMPOOTHIRY
             SHRI.SHINTO THOMAS

RESPONDENTS:

     1       THE SPECIAL TAHSILDAR (LA)
             RAILWAYS NO.1, THRISSUR, NOW (L.A) GENERAL,
             CHEMBUKKAVU, THRISSUR-680 020.
                               -2-
WP(C).No.27214 OF 2020(B)




       2      THE DISTRICT COLLECTOR
              THRISSUR, CIVIL STATION BUILDINGS,
              AYYANTHOLE, THRISSUR-680 003.

       3      THE DEPUTY CHIEF ENGINEER (CONSTRUCTION)
              SOUTHERN RAILWAYS, ERNAKULAM-682 016.

       4      THE SOUTHERN RAILWAYS
              REPRESENTED BY THE CHIEF GENERAL MANAGER,
              OFFICE OF THE CHIEF GENERAL MANAGER, CHENNAI-
              600003.

              R3-4 BY SRI.N.K.SUBRAMANIAN, SC, RAILWAYS

              R1-2 BY SMT A.C.VIDHYA- GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP             FOR
ADMISSION ON 27.01.2021, THE COURT ON THE SAME             DAY
DELIVERED THE FOLLOWING:
                                   -3-
WP(C).No.27214 OF 2020(B)




                            JUDGMENT

The properties owned by the petitioners in Iringapram

Village of Chavakkad Taluk were acquired for the construction

of Thrissur-Guruvayoor Railway Line. The petitioners have

filed this writ petition under Article 226 of the Constitution of

India, seeking a writ of mandamus commanding respondents

3 and 4 to deposit the amount of enhanced compensation

granted by the 1st respondent Special Tahsildar on their

applications filed under Section 28A of the Land Acquisition

Act, 1894. They have also sought for a writ directing

respondents 3 and 4 to pay reasonable interest also for the

enhanced compensation because of the inordinate delay on

their part to deposit the amount.

2. On 08.12.2020, when this writ petition came up for

admission, the learned Standing Counsel for Southern

Railway, for respondents 3 and 4, was directed to get

instructions.

3. A statement has been filed by the learned Standing

Counsel for Southern Railway, on behalf of respondents 3 and

4. The 2nd paragraph of that statement reads thus;

WP(C).No.27214 OF 2020(B)

"2. Railway Administration has already considered the matter and administrative sanctions has been obtained for the compliance for the directions of the WP(C) 10186 of 2013. However, no funds are available under the said project so as to make the payment. Since no funds are available in the said project, special sanction has to be obtained from the Head Quarters of the Southern Railway for making available the required fund through re-appropriation. This procedure is a little time consuming on the administrative side, therefore Respondents 2 and 3 seeks three months time for making the payment in the above said manner. In the circumstances, it is prayed that this Honourable Court may be pleased to grant three months time in the above matter and recording this statement in the above lines, the above Writ Petition may be disposed of."

4. Heard the learned counsel for the petitioners, the

learned Government Pleader for respondents 1 and 2 and also

the learned Standing Counsel for Southern Railway for

respondents 3 and 4.

Having considered the submissions made by the learned

counsel on both sides and also taking note of the stand taken

in the statement filed on behalf of respondents 3 and 4, this

writ petition is disposed of by directing respondents 3 and 4 to

deposit the amount of enhanced compensation payable to the

WP(C).No.27214 OF 2020(B)

petitioners, as expeditiously as possible, at any rate, within a

period of three months from this date.

Sd/-

ANIL K.NARENDRAN, JUDGE

AV/28/1

WP(C).No.27214 OF 2020(B)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 31.10.01 IN LAR NO.2/94 SERIES OF THE SUB COURT, THRISSUR.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 13.8.2010 IN WPC NO.402/10 OF THIS HON'BLE COURT.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 20.6.2019 IN WPC 10186/13.

EXHIBIT P4 TRUE COPY OF THE LETTER OF THE DY.

CHIEF ENGINEER CONSTRUCTION SOUTHERN RAILWAYS ERNAKULAM DATED 26.11.2019.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 28.11.2020 SUBMITTED BY THE IST PETITIONER TO THE IST RESPONDENT.