Kerala High Court
The Secretary vs State Of Kerala on 15 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE K. BABU
Wednesday, the 15th day of September 2021 / 24th Bhadra, 1943
IA.NO.1/2020 IN LA.APP. NO. 172 OF 2020
LAR 123/2013 OF PRINCIPAL SUB COURT,KOLLAM.
PETITIONER/APPELLANT:
THE SECRETARY KOTTAMKARA GRAMA PANCHAYATH, KOTTAMKARA, KOLLAM -
691005.
RESPONDENTS/1 ST RESPONDENT & CLAIMANT:
1. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, CIVIL
STATION, KOLLAM- 691013.
2. KAMALA BAI, D/O. KESEVAN, KESEVA BHAVAN, 103 UPASANA NAGAR, NEAR
SANKERS HOSPITAL, KOLLAM REPRESENTED BY POWER OF ATTORNEY HOLDER
PRASASNNA KUMAR, KAVERI, BABUJI NAGAR, PONGUMMOODU,
THIRUVANANTHAPURAM DISTRICT- 695006.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay all further
proceedings in E.P. No. 42/2020 in LAR No. 123/2013 on the file of
Principal Sub Court, Kollam pendig disposal of the appeal
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this Court's order dated
14-10-2020 and upon hearing the arguments of Sri. PRATHEESH.P, Advocates
for the petitioner and GOVERNMENT PLEADER for R1 and of M/s N.SUKUMARAN
(SR.), SRI.S.SHYAM, SRI.KIRAN PETER KURIAKOSE Advocates for R2, the court
passed the following:
(p.t.o)
ANIL K. NARENDRAN & K. BABU, JJ.
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I.A. No.1 of 2020 in L.A.A. No. 172 of 2020
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Dated this the 15th day of September, 2021
ORDER
Anil K. Narendran, J.
On 15.09.2020, when this appeal came up for admission,
the learned Government Pleader took notice for the 1st
respondent and this Court issued notice to the 2 nd
respondent/claimant by speed post. This Court granted an interim
order of stay of all further proceedings in E.P.No.42 of 2020 in
L.A.R.No.123 of 2013 on the file of the Principal Sub Court,
Kollam, for a period of one month. The said interim order was
extended until further orders on 14.10.2020. Now the learned
Senior Counsel for the 2nd respondent/claimant seeks modification
of the said interim order.
2. Heard the learned Standing Counsel for the appellant
Grama Panchayat, the learned Government Pleader for the 1st
respondent and also the learned Senior Counsel for the 2 nd
respondent/claimant.
3. The learned Senior Counsel for the 2 nd respondent/
claimant contended that considering the facts and circumstances
of the case, as borne out from the pleadings and materials on
I.A. No.1 of 2020 in L.A.A. No. 172 of 2020
record, the absolute stay granted in this interlocutory
application on 15.09.2020 requires modification, by directing
the appellant Grama Panchayat to deposit atleast a portion of
the award amount together with proportionate interest and
cost.
4. During the course of arguments, the learned
Standing Counsel for the appellant Grama Panchayat or the
leanred Government Pleader for the 1st respondent State could
not point out any circumstances justifying an absolute stay of
further proceedings in E.P. No.42 of 2020 in L.A.R. No.123 of
2013 on the file of the Principal Sub Court, Kollam.
5. The learned Senior Counsel for the 2nd
respondent/claimant pointed out that the assessment of the
land value by the Land Acquisition Officer was based on Ext.A2
document No.2367/2009 dated 01.10.2009 of the Sub Registrar
Office, Kilikolloor. As can be seen from the description of the
property in Ext.A2, it was a landlocked area, with only
easement right. On the other hand, Ext.A1 sale deed
No.794/2010 dated 24.03.2020 of the Sub Registrar Office,
Kilikolloor, which was proved before the Reference Court
through AW3, was executed on 24.03.2010, nearly seven
I.A. No.1 of 2020 in L.A.A. No. 172 of 2020
months before publication of Section 4(1) notification under the
Land Acquisition Act.
6. Having considered the submissions made by the
learned counsel on both sides and perusing the impugned
judgment, we deem it appropriate to modify the interim order
of stay granted in this appeal on 15.09.2020, which was
extended until further orders on 14.10.2020, by directing the
appellant/additional 2nd respondent in L.A.R. No.123 of 2013 to
deposit 30% of the award amount together with proportionate
interest and cost before the Reference Court, within a period of
three months. On such deposit being made, it would be open to
the 2nd respondent/claimant to seek disbursement of the said
amount by approaching the Reference Court.
Sd/-
ANIL K. NARENDRAN,
Judge
Sd/-
K. BABU,
Judge
MIN
15-09-2021 /True Copy/ Assistant Registrar
