M/S.Elstone Tea Estates Limited vs State Of Kerala And Others
2021 Latest Caselaw 15836 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
                     WP(C) NO. 17156 OF 2011
PETITIONER:

            M/S.ELSTONE TEA ESTATES LIMITED
            REPRESENTED BY ITS MANAGING DIRECTOR,
            T.B.KUNHIMAHIN HAJI, AGED 66 YEARS,, S/O.MOIDEEN
            KUNHI, RESIDING AT MD'S, BUNGALOW, ELSTONE TEA
            ESTATE, KALPETTA.

            BY ADVS.
            SRI.PIUS C.MUNDADAN
            SMT.ANJU DIVAKAR

RESPONDENTS:

    1       STATE OF KERALA AND OTHERS
            THE ADDITIONAL SECRETARY TO GOVERNMNET, PWD
            (NATIONAL HIGHWAY), THIRUVANANTHAPURAM-695 001.

    2       THE DISTRICT COLLECTOR
            WAYANAD DISTRICT AT KALPETTA-673 121.

    3       DEPUTY COLLECTOR MANANTHAWADI
            WAYANAD DISTRICT.


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME   UP    FOR
ADMISSION     ON   30.07.2021,    THE     COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.17156/2011

                                      2




                    P.V.KUNHIKRISHNAN, J.
                      -------------------------------
                    W.P.(C).No.17156 of 2011
              ----------------------------------------------
             Dated this the 30th day of July, 2021


                               JUDGMENT

This writ petition is filed with following prayers:

i. issue a writ of mandamus or any other appropriate writ or order or direction direct the respondents to forthwith deposit the entire amount due to the petitioner with interest as on the date of deposit as contemplated in Ext.P1.

ii. issue a writ of mandamus or any other appropriate writ or order or direction direct the 1st respondent to take appropriate action against the officers who are delaying the payment of compensation to the petitioner.

iii. Grant such other reliefs, a this Hon'ble Court shall deem just.

2. The Government Pleader, based on the instruction

dated 15.09.2020, submitted that the amount due as per the W.P.(C).No.17156/2011

judgment in L.A.A.No.406 of 2003 is already deposited before

the court concerned.

In the light of the above submission, I think nothing

survives in this writ petition and hence it is closed.

Sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.17156/2011

APPENDIX OF WP(C) 17156/2011

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN LAA NO.406/2003 OF THE HON'BLE HIGH COURT OF KERALA.

EXHIBIT P2 TRUE COPY OF THE EXECUTION PETITION WITH AMENDMENT FOR EXECUTION OF THE DECREE IN LAR 50/1996 EXHIBIT P3 TRUE COPY OF THE ORDER DATED 25/4/2011 OF THE HON'BLE SUPREME COURT IN SLP (CIVIL)NO.2821/2011 EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 8/12/2010 PASSED BY THIS HON'BLE COURT IN WP(C)NO.31289/2010.