Kerala High Court
Rajalekshmi vs The State Of Kerala on 6 July, 2021
WP(C) NO. 25854 OF 2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
WP(C) NO. 25854 OF 2020
PETITIONER/S:
RAJALEKSHMI
AGED 61 YEARS
D/O.PONNAMMA, GEETHA BHAVAN, NANTHENCODE,
NOW RESIDING AT KNRA-15A, GOLF LINKS ROAD, KOWDIAR,
THIRUVANANTHAPURAM, PIN-695003.
BY ADV J.HARIKUMAR
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY SECRETARY, REVENUE DEPARTMENT,
GOVT. SECRETARIAT, THIRUVANANTHAPURAM,
PIN CODE-695001.
2 DISTRICT COLLECTOR,
COLLECTORATE, THIRUVANANTHAPURAM, PIN CODE-695043.
3 THE SECRETARY,
THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY (TRIDA),
JAYA MANSION, VAZHUTHACAUD, SASTHAMANGALAM P.O.,
THIRUVANANTHAPURAM-695010.
BY ADV SRI.K.A.JALEEL
SMT A.C VIDHYA, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 25854 OF 2020 2
JUDGMENT
The petitioner is a senior citizen. From Ext.P4 certificate it is evident that
she is undergoing treatment at the Amritha Institute of Medical Sciences for
'Carcinoma Breast' since 2009. The petitioner has approached this Court
being aggrieved by the recalcitrant attitude of the respondents in releasing the
amount awarded consequent to the award passed in Land Acquisition
proceedings.
2. The petitioner states that she is the claimant in
L.A.R.No.465/2009 on the file of the IInd Additional Sub Court,
Thiruvananthapuram. By award dated 31.07.2013 a sum of Rs.10,42,000/-
with 12% interest on the said sum for the period from 26.06.2006 to
14.11.2007 with 30% solatium on the enhanced compensation and 9%
interest per annum for a period of one year on the enhanced amount from
20.11.2007 and thereafter interest at the rate of 15% per annum till
realisation of the enhanced amount with proportionate cost was awarded to
her. The judgment has become final.
3. Seeking realisation of the amount E.P.No.228/15 was filed by the
petitioner before the Execution Court. As is evident from Ext.P2, the
Execution Petition was filed as early as on 31.03.2015. The petitioner would
refer to Ext.P3 case proceedings and would contend that from 2015 onwards
till date, the matter is being adjourned for one reason or the other. Not even a
single paise has been paid to the petitioner. It is in the above backdrop that
the petitioner has approached this Court seeking a direction to the
respondents 1 and 2 to make payment of the amount in satisfaction of Exhibit
P1 decree within a time frame.
4. The learned Government Pleader on instructions submits that now
that the petitioner has filed an application for execution, it is for the petitioner
to realise the amount by recourse to execution proceedings.
5. I have considered the submissions advanced. I find that the
award was passed in favour of the petitioner as early as on 31.07.2013. From
2015 onwards the petitioner has been knocking the doors of the execution
court to secure the fruits of the judgment. Ext.P4 medical certificate would
show that she is suffering from serious ailments. There is no justification on
the part of the respondent in exercising their powers of eminent domain and
thereafter refusing to pay the compensation due to the persons who have
been deprived of their valuable property. More than 6 years have elapsed after
filing the execution petition. I am of the considered opinion that this is a fit
case wherein directions can be issued to the respondents to deposit the
amount covered under the award together with the benefits and interest
within a time frame.
Resultantly, this writ petition will stand allowed and there will be a
direction to the respondents 1 and 2 to make payment of the entire amount
due to the petitioner in satisfaction of Ext.P1 decree together with interests
and solatium as ordered, as expeditiously as possible, in any event, within a
period of 45 days from today.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
IAP
APPENDIX OF WP(C) 25854/2020
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE DECREE DATED 31.7.2013 IN
LAR NO.465 OF 2009 OF THE 2ND ADDITIONAL
SUB COURT, THIRUVANANTHAPURAM.
EXHIBIT P2 TRUE COPY OF THE EXECUTION PETITION NO.228
OF 2015 IN LAR NO.142 OF 2010 BEFORE THE
SECOND ADDITIONAL SUB COURT,
THIRUVANANTHAPURAM.
EXHIBIT P3 TRUE COPY OF THE PRINT OUT OF THE CASE
DETAILS OF EXECUTION PETITION NO.228 OF
2015 IN LAR NO.142 OF 2010 BEFORE THE
SECOND ADDITIONAL SUB COURT,
THIRUVANANTHAPURAM.
EXHIBIT P4 TRUE COPY OF THE CERTIFICATE DATED
11.11.2020.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT IN WP(C) NO.16901 OF 2013
DATED 25.9.2013.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT IN WP(C) NO.6911 OF 2019
DATED 21.3.2019.
RESPONDENTS EXHIBITS:NIL
