Kerala High Court
Kochi Metro Rail Limited vs Roshini @ Annamma Daniel on 9 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
CON.CASE(C) NO. 711 OF 2022
AGAINST THE JUDGMENT IN WP(C) 32368/2019 OF HIGH COURT OF KERALA
PETITIONER/3RD RESPONDENT:
KOCHI METRO RAIL LIMITED,
4TH FLOOR, JLN STADIUM METRO STATION, BANERJI ROAD,
KALOOR, KOCHI, PIN - 682017(FORMERLY AT 8TH FLOOR,
REVENUE TOWER, PARK AVENUE, KOCHI-682011) REPRESENTED
BY ITS GENERAL MANAGER (PROJECTS), VINU.C. KOSHY, AGED
57 YEARS, S/O. C.K. KOSHY,
BY ADV M.U.VIJAYALAKSHMI
RESPONDENTS/PETITIONERS:
1 ROSHINI @ ANNAMMA DANIEL
W/O. REV. FR. DANIEL JOHN, MATHIRIPPIL, CHALAKKUDI,
THRICHUR, PIN - 680307
2 RENI @ MARIAMMA ROY SAMUEL,
PUTHENPURAKKAL, KANNADI.P.O, PALAKKAD, PIN - 678701
3 JOMON @ GEORGE VARGHESE MATHEW
S/O. MATHEW C CHERIAN, RESIDING AT PADICKAMANNIL HOUSE,
CHAMBAKKARA, POONITHURA, PIN - 682038
BY ADV RAJESH NAIR
SRI JAFFAR KHAN
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
CON.CASE(C) NO. 711 OF 2022
2
JUDGMENT
Sri.Rajesh Nair - learned counsel appearing
for the respondents, submits that though his
clients are willing to execute the sale
documents, they were concerned that Income Tax
will be deducted at source and further that
their remedy for seeking escalation of
compensation will be lost.
2. The learned Counsel, however, conceded
that, by the judgment in WP(C)No.17857/2022
filed by his clients, this Court has already
declared that no deduction of Income Tax at
source is necessary. He, therefore, prayed that
it may be clarified that once his clients
execute the Sale Deed in favour of the
petitioner - Kochi Metro Rail Limited (KMRL),
their rights to seek enhancement of
compensation will be protected, subject to the
decision of the Hon'ble Supreme Court.
CON.CASE(C) NO. 711 OF 2022
3. It is without need for this Court to
state expressly that the right of the
petitioners to seek enhancement of compensation
will certainly be available to them, depending
on the decision to be taken by the Hon'ble
Supreme Court.
In the afore circumstances, recording the
undertaking of the petitioners that they will
go to the office of the Special Tahsildar,
L.A.No.1, Kochi Metro Rail Project, Civil
Station, Kakkanad at 11 A.M. on 13.06.2022, so
as to execute the Sale Documents, I dispose of
this contempt case.
Resultantly, I direct the petitioners to
inform the afore factum to the Special
Tahsildar, so that the documents for execution
can be kept ready.
At this time, Sri.Rajesh Nair requested
that Sale Deeds be directed to be shown to his
clients by the Special Tahsildar. I fail to
CON.CASE(C) NO. 711 OF 2022
understand the purport of his request because,
I do not think that the Special Tahsildar can
ask the petitioners to sign a document without
them reading it.
Finally, if, for any reason, the
respondents refuse to abide by the afore
directions, the KMRL will be at liberty to seek
a rehearing of this contempt case.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
CON.CASE(C) NO. 711 OF 2022
APPENDIX OF CON.CASE(C) 711/2022
PETITIONER'S ANNEXURES
Annexure A TRUE COPY OF THE WRIT PETITION W.P.
(C).NO.32368 OF 2019 (WITHOUT EXHIBITS) FILED
BY THE RESPONDENTS BEFORE THIS HON'BLE COURT
Annexure B TRUE COPY OF THE ORDER DATED 05.09.2019 IN
SPECIAL LEAVE TO APPEAL (C) NO. (S) 11399-
11407/2018 OF THE HON'BLE SUPREME COURT
Annexure C CERTIFIED COPY OF THE JUDGMENT DATED
20.12.2021 IN W.P.(C).NO.32368/2019 OF THIS
HON'BLE COURT.
Annexure D TRUE COPY OF THE LETTER DATED 07.01.2022
FORWARDED BY THE SPECIAL TAHSILDAR (LA) NO.1
TO THE ADDITIONAL GENERAL MANAGER (FINANCE),
KMRL
Annexure E TRUE COPY OF THE LETTER DATED 21.01.2022
FORWARDED BY THE RESPONDENTS TO THE SPECIAL
TAHSILDAR INCLUDING THE PETITIONER.
Annexure F TRUE COPY OF THE COMMUNICATION VIDE NO.LAC-
43/13A DATED 21.01.2022 ISSUED BY THE SPECIAL
TAHSILDAR TO THE GENERAL MANAGER (FINANCE)
KMRL.
RESPONDENT ANNEXURES
Annexure R1(a) TRUE COPY OF THE JUDGMENT DATED 13-12-2017
PASSED IN W.A.NO. 2490 OF 2017
Annexure R1(b) TRUE COPY OF REPRESENTATION DATED 27.12.2021
SUBMITTED BY THE RESPONDENTS BEFORE THE
SPECIAL TAHSILDAR
Annexure R1(C) TRUE COPY OF REPRESENTATION DATED 10.01.2022
SUBMITTED BY THE RESPONDENTS 1 AND 2 BEFORE
THE SPECIAL TAHSILDAR
Annexure R1(D) TRUE COPY OF LETTER (LAC-43/13B DATED
CON.CASE(C) NO. 711 OF 2022
12.01.2022 ISSUED BY THE SPECIAL TAHSILDAR
Annexure R1(E) TRUE COPY OF THE POSTAL COVER OF ANNEXURE R1B
AS RECEIVED BY THE 3RD RESPONDENT
Annexure R1(F) TRUE COPY OF REPLY SUBMITTED BY THE
RESPONDENTS ON 27TH OF JANUARY 2022 BEFORE
THE SPECIAL TAHSILDAR
Annexure R1(G) TRUE COPY OF REPLY (LAC-43/13B DATED
07.03.2022) SUBMITTED BY THE SPECIAL
TAHSILDAR TO THE 3RD RESPONDENT
Annexure R1(H) TRUE COPY OF REPLY DATED 16.03.2022 (LAC-43-
13B) GIVEN BY THE STATE PUBLIC INFORMATION
OFFICER, SPECIAL TAHSILDAR
Annexure R1(I) TRUE COPY OF THE POSTAL COVER POSTED FROM THE
OFFICE OF THE HON'BLE SUPREME COURT ON
24.01.2022
Annexure R1(J) TRUE COPY OF NOTICE ISSUED BY THE ASSISTANT
REGISTRAR IN DIARY NO.29447 OF 2021 DATED
17TH OF JANUARY 2022 (DELY PETITION
NO.160437/2021)
