Kerala High Court
Mathew K. X. @ Mathaikunju vs The District Collector on 6 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
WP(C) NO. 3048 OF 2021
PETITIONERS:
1 MATHEW K. X. @ MATHAIKUNJU
AGED 46 YEARS
S/O. KOLLAPARAMBIL XAVIER,
KOLAPARAMBIL HOUSE,
SANTHIPURAM ROAD, KOCHI - 682025.
2 RAPHY XAVIER
S/O. KOLLAPARAMBIL XAVIER,
KOLAPARAMBIL HOUSE,
SANTHIPURAM ROAD, KOCHI - 682025.
BY ADVS.
MATHEW JOHN (K)
SRI.MATHEW DEVASSI
SRI.ABY J AUGUSTINE
RESPONDENT:
THE DISTRICT COLLECTOR
COLLECTORATE, ERNAKULAM - 682 032.
BY ADV GOVERNMENT PLEADER
OTHER PRESENT:
SMT. SURYA BINOY- SR. G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.10.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 3048 OF 2021
2
JUDGMENT
The petitioners are stated to be the brothers and they
say that an extent of 1.39 Ares of land was acquired from
them for the purpose of widening the Thammanam-
Pulleppady Road at Kochi; and alleges that only 80% of the
value of the amounts determined under the Award, has been
yet disbursed to them. They say that the balance 20% was
kept apart for being paid to them at the time of registration of
the Sale Deeds, but that this has not been done until now.
They say that they are willing to execute and register the Sale
Deeds at any time the respondents may please; and thus
pray that they be directed to pay the balance 20% of the
determined compensation, without any further delay.
2. The afore submission of Sri. Mathew John - learned
Counsel for the petitioners, were answered by the learned
Senior Government Pleader - Smt. Surya Binoy, saying that
petitioners can be paid the balance amount only if they
execute the Sale Deed. She submitted that the only problem
WP(C) NO. 3048 OF 2021
faced by the respondent in this regard is on account of the
assertion of the petitioners that the delay is attributable to
them alone, which is contrary to the truth.
3. I, therefore, asked Sri. Mathew John, whether his
clients would be agreeable to accept the balance 20% of the
amounts under the Award and to execute the Sale Deed.
Sri. Mathew John answered to the affirmative but prayed that
his client's claim for interest for the delay caused in making
such payment, he left open, so that they can approach the
competent Court for its adjudication and evaluation.
In the afore circumstances, I allow this writ petition and
direct the respondent to pay the balance amount of the sale
consideration to the petitioners, as per Exts. P2 and P3
agreements, within a period of two weeks from the date of
receipt of a copy of this judgment; and simultaneously
thereto, the Sale Deeds will be executed and registered by
them in favour of the respondent, for which purpose all
requisite arrangements will be made by the latter.
WP(C) NO. 3048 OF 2021
As regards the petitioners' claim for interest for the
alleged delay in payment of the Sale Consideration is
concerned, I leave open all their contentions with respect to
the same, to be pursued appropriately before a Court of
competent jurisdiction, since, it is without doubt that while
this Court acts under Article 226 of the Constitution of India,
I cannot enter into disputations of facts regarding the cause
for delay, if any.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
ANB
WP(C) NO. 3048 OF 2021
APPENDIX OF WP(C) 3048/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE GOVERNMENT ORDER GO(RT)
NO.1518/2017/RD DATED 30.03.2017.
EXHIBIT P2 TRUE COPY OF THE AGREEMENT DATED
22.09.2016 EXECUTED BETWEEN THE 1ST
PETITIONER AND THE RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE AGREEMENT DATED
22.09.2016 ENTERED INTO BETWEEN THE 2ND
PETITIONER AND THE RESPONDENT.
