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WP(C) 17292/2020                                1/5



                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                             Present:
              THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

                      Friday,the 26th day of March 2021/5th Chaithra, 1943
                                    WP(C) No.17292/2020(J)
PETITIONER
           For information purpose only
       ROSILINE GEORGE,AGED 61 YEARS
       W/O.GEORGEKUTTY KUNCHERIA, VADAKARA HOUSE, KIDANGARA
       KARA, VELIYANADU VILLAGE, KUTTANADU TALUK, ALAPPUZHA
       DISTRICT, NOW RESIDING AT VADAKARA HOUSE, PALARIVATTOM,
       COCHIN-25.
RESPONDENTS
1.         STATE OF KERALA
       REPRESENTED BY SECRETARY TO GOVERNMENT,
       LOCAL SELF -INSTITUITION GOVERNMENT OF KERALA ,
       THIRUVANANTHAPURAM, PIN-695 004.

2.        DIRECTOR OF MUNICIPALITIES,
       MUNICIPALITY DIRECTORATE, SWARAJ BHAVAN, NANDHANTHODU,
       KAVADIYAR P.O., THIRUVANANTHAPURAM, PIN-695 003.

3.         CORPORATION OF KOCHI,
       REPRESENTED BY ITS SECRETARY,
       PARK AVENUE ROAD, KOCHI-682 011.

4.        SPECIAL TAHASILDAR(LA),
       KOCHI CORPORATION, PIN-682 011.

         Writ Petition (civil) praying inter alia that in the circumstances stated in the affidavit
filed along with the WP(C) the High Court be pleased to direct the 1st and 2nd respondents to
immediately release the amount due to the petitioner in LAR No.7/2013 confirmed in LAA
No. 93/2017 of this Hon'ble court forthwith.


         This petition again coming on for orders upon perusing the petition and the affidavit
filed in support of WP(C) and this Court's order dated 3-3-2021 and upon hearing the
arguments of SRI. T.M.ABDUL LATHEEF, Advocate for the petitioner GOVERNMENT
PLEADER for respondents 1,2 & 4,and of         SRI.K.JANARDHANA SHENOY, STANDING
 WP(C) 17292/2020                               2/5

COUNSEL for        respondent 3, the court passed the following:-

EXT.P2. TRUE COPY OF THE JUDGMENT IN LA APPEAL NO. 93/2017 DATED
19-12-2018.
EXT.P3. TRUE COPY OF THE JUDGMENT IN WP(C) NO.3700/2019 DATED 7/2/2019




           For information purpose only
                     RAJA VIJAYARAGHAVAN V, J
                     --------------------------------
                      W.P.(C).No.17292 of 2020
                      -------------------------------
                Dated this the 26th day of March, 2021

           For information purpose only
                       ORDER

Property having an extent of 5.5. Ares owned by the petitioner was acquired

for the widening of the Sahodaran Ayyappan Road pursuant to a notification dated

22.5.2020 issued under Section 4(1) of the Land Acquisition Act, 1894.

2. The reference court, by award dated 30.6.2016 answered the

reference and granted enhanced compensation by refixing the value of land at

Rs.45, 83,435/- per Are. Though an appeal was preferred by the State, the same

was dismissed by this Court by Ext.P2 judgment dated 19.12.2018.

3. When the amount was not paid, the petitioner approached this Court

and by Ext.P3 judgment, this Court had directed the respondents to expedite the

payment of amounts under the award.

4. The petitioner has approached this Court seeking directions to the

respondents to deposit or disburse the decree amount which amounts to

Rs.3,46,35,666/-.

5. A counter affidavit has been filed by the 2nd respondent on

17.11.2020. It is stated therein that the total dues to the petitioner as on

31.10.2020 is Rs. 3,70,62,393/- and it was undertaken that the said amount would

be paid within a period of three months.

6. Though such an undertaking was given, the direction was not

complied with.

7. For information purpose only A fresh affidavit has been filed wherein it is stated that since the

amount due is more than Rs.3 Crores, the assent of the Municipal Council is

necessary and in view of the election code of conduct, the Council is not in a

position to meet. It is stated that the amount due to the petitioner shall be

deposited in 5 equal instalments commencing from April, 2021.

8. Sri.T.M.Abdul Latiff, the learned counsel appearing for the petitioner,

has opposed the request. It is submitted that the earlier direction issued by this

Court was flouted. It is submitted that he has no objection in granting some more

time in view of the financial exigency pleaded. However, he submitted that the

matter be kept pending and directions be issued to transfer the amount to the

account of the petitioner, who is a senior citizen. He contends that the petitioner is

facing proceedings under the SARFAESI Act.

Having considered the submissions advanced, I direct the 3rd respondent to

pay the sum of Rs.3,70,62,393/- being the amount which is said to be due as on

31.10.2020 in five equal monthly instalments, the first of which shall be payable on

or before 10.4.2021. The amount shall be transferred by RTGS/NEFT/IMPS to the

account maintained by Smt. Rosiline Geroge, A/c. No. 0447053 000000893, with

the South Indian Bank Ltd., Thammanam Branch, Kochi - 682 025, with IFSC No.

SIBL0000447 and MICR - 682059024.

Post this matter on 17.5.2021.

For information purpose Sd/-

only RAJA VIJAYARAGHAVAN V JUDGE IAP

/true copy/ Sd/- ASSISTANT REGISTRAR