Dakshayani Amma K. P vs State Of Kerala
2021 Latest Caselaw 18878 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 10TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943
                     WP(C) NO. 13339 OF 2021
PETITIONER:

            DAKSHAYANI AMMA K. P.
            AGED 78 YEARS
            W/O. LATE K. K. RAGHAVA PODUVAL, NEAR KSEB
            SUBSTATION, KANKOL P. O., PAYYANNUR (VIA), KANNUR
            - 670 307.

            BY ADVS.
            K.P.PRADEEP
            HAREESH M.R.
            RASMI NAIR T.
            T.T.BIJU
            T.THASMI
            ANOOPA



RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE
            DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM - 695 001.

    2       THE DISTRICT COLLECTOR, KANNUR
            CIVIL STATION, KANNUR - 670002.

    3       THE SPECIAL TAHSILDAR
            LAND ACQUISITION GENERAL (EZHIMALA NAVEL ACADEMY)
            LA OFFICE, MINI CIVIL STATION, THALASSERY, KANNUR
            - 670101.


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   10.09.2021,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 13339 OF 2021                   2

                                   JUDGMENT

The petitioner has approached this Court

seeking a direction to respondents 1, 2 and 3 to

disburse the additional enhanced amount awarded to

her, as per Ext.P9, along with statutory interest

thereon upto the date of disbursement. She has also

sought a declaration that, in addition to the

enhanced compensation amounts awarded in Ext.P9, she

is entitled to statutory interest for the delay in

payment of compensation, at the rate of 15% per

annum; and seeks a direction to respondents 1 to 3

to effect the same, within a time frame to be fixed

by this Court.

2. The afore submissions of Dr.K.P.Pradeep,

made on behalf of the petitioner, were met by

Smt.Amminikutty - learned Senior Government Pleader,

saying that the enhanced compensation has already

been disbursed to the petitioner and that all which

is now remaining is the consideration of her prayer

for payment of interest. She submitted that,

therefore, if the petitioner, or her authorized

representative, appears before the competent

respondent on a date to be fixed by this Court, said

Authority will consider the same and issue

appropriate orders without any avoidable delay.

3. In reply, Shri.K.P.Pradeep submitted that the

obligation to pay interest is not something that can

be left to the discretion of the competent Authority

and that it is enjoined upon them to do so. He

relied for substantiation on the judgments of the

Hon'ble Supreme Court in Union of India and another

v. Pradeep Kumari and Others [AIR 1995 SC 2259] and

of this Court in Koruthukochukutty v. State of

Kerala [2000 (1) KLT 26]. He thus reiteratingly

prayed that this Court direct the competent

respondent to immediately consider the payment of

interest to his client. He then submitted that if

this Court is, on the contrary, inclined to direct

his client or her authorized representative to

appear before the competent respondent, then she is

willing to do so; however, praying that the

Authority be directed to consider her request,

adverting implicitly to the above precedents.

4. There can be no doubt that if the petitioner

is entitled statutorily to the benefit of interest,

then the competent Authorities are obligated to

consider and allow the same. However, I do not

propose to speak affirmatively one way or the other

on this issue at this time, and deem it appropriate

to accede to the suggestion of Smt.K.Amminikutty and

to direct the petitioner, or her authorized

representative, to appear before the competent

respondent for this purpose.

Resultantly, I order this writ petition and

direct the petitioner, or her authorized

representative, to mark appearance before the 3rd

respondent - Special Tahsildar, Land Acquisition

General, at 11.00 a.m. on 27.09.2010; on which day,

said Authority will hear her or her representative

and decide on the request for interest, adverting

specifically to the afore precedents as also the

judgment of the Hon'ble Supreme Court in Union of

India and Another v. Pushpavathi and Others

[2018(1) KHC 891], which declares the manner in

which such claims have to be decided by the

competent Authorities.

If the competent respondent finds the

petitioner entitled to interest as prayed for, then

same be disbursed to her at the earliest, but not

later than thee months from the date of receipt of a

copy of this judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/10.9

APPENDIX OF WP(C) 13339/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE AWARD NOTICE IN FORM NO.10 NO. A 753/83 DATED 9.3.1984 ISSUED BY THE LAND ACQUISITION OFFICER, LA NO.II, NAVAL ACADEMY, RAMANTHALI.

Exhibit P1(a) TRUE COPY OF THE AWARD NOTICE IN FORM NO.10 NO. A 665/83 DATED 28.05.1984 ISSUED BY THE LAND ACQUISITION OFFICER, LA NO.II, NAVAL ACADEMY, RAMANTHALI.

Exhibit P2 TRUE COPY OF THE ORDER NO.C.1531/05 DATED 30.05.2009 OF THE 3RD RESPONDENT.

Exhibit P2(a) TRUE COPY OF THE ORDER NO.C.1531/05 (2) DATED 24.04.2009 OF THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF THE APPLICATION DATED 15.04.2016 UNDER SECTION 28A(1) FILED BY THE PETITIONER IN RELATION TO EXT. P1.

Exhibit P3(a) TRUE COPY OF THE APPLICATION DATED 15.04.2016 UNDER SECTION 28A(1) FILED BY THE PETITIONER IN RELATION TO EXT. P2.

Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 12.01.2017 IN WP(C) NO.31305 OF 2016.

Exhibit P5 TRUE COPY OF THE ORDER REF.

NO.DCKNR/12861/2017-C2 DATED 21.08.2017 ISSUED BY THE 2ND RESPONDENT.

Exhibit P6 TRUE COPY OF THE ORDER NO. REF.G 2500/16 DATED 7.4.2018 ISSUED BY THE 3RD RESPONDENT.

Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 09.07.2018 IN WP(C) NO.20360 OF 2018.

Exhibit P8 TRUE COPY OF THE ORDER NO.REF G 2500/16 DATED 15.12.2018 ISSUED BY THE 3RD RESPONDENT.

Exhibit P9 TRUE COPY OF AWARD NO.REF.

DCKNR/10250/2018-C2 DATED 31.10.2018 ISSUED BY THE 2ND RESPONDENT.

Exhibit P10 TRUE COPY OF THE NOTICE NO.REF G 2377/18 DATED 03.09.2019 ISSUED BY THE 3RD RESPONDENT.

Exhibit P11 THE TRUE COPY OF THE ACKNOWLEDGEMENT FOR SUBMISSION OF DOCUMENTS ON 04.12.2018 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT.