Shaik Ali S vs The District Collector
2022 Latest Caselaw 2865 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943
                        WP(C) NO. 5273 OF 2022
PETITIONER:

          SHAIK ALI S.,
          AGED 56 YEARS
          S/O. SHAIK HUSSAIN, 11/1560 (1) AJANTHA,
          DEVASWOM BOARD JUNCTION, KAWDIAR P.O.,
          THIRUVANANTHAPURAM.

          BY ADV A.SHAFEEK (KAYAMKULAM)



RESPONDENTS:

    1     THE DISTRICT COLLECTOR,
          COLLECTORATE, THIRUVANANTHAPURAM 695 001.

    2     THE DEPUTY COLLECTOR (LA),
          COLLECTORATE, THIRUVANANTHAPURAM 695 001.

    3     THE THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY,
          JAYAMANSHAM, VARUTHACADU, SASTHAMANGALAM P.O.,
          THIRUVANANTHAPURAM, 695010,
          REPRESENTED BY ITS SECRETARY.

          BY ADV M.RAJAGOPALAN NAIR



OTHER PRESENT:

          SHRI M.RAJAGOPALAN SC,SMT.K.AMMINIKUTTY SR .GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5273 OF 2022

                              2

                         JUDGMENT

The petitioner alleges that eventhough his property

was acquired in the year 2008 by the 2 nd respondent -

Deputy Collector, on the basis of a requisition made by

the 3rd respondent - Trivandrum Development Authority

(TRIDA), the eligible compensation under the Award,

namely Ext.P4, has not been yet released to him. He,

therefore, prays that respondent be directed to disburse

to him the said amount within a time frame to be fixed

by this Court.

2. The afore request of Sri.A.Shafeek - learned

counsel for the petitioner, was answered by the learned

Senior Government Pleader - Smt.K.Amminikutty,

saying that the TRIDA has not yet deposited the

amounts required for disbursement to the petitioner;

and consequently, that the 2nd respondent - Deputy WP(C) NO. 5273 OF 2022

Collector has been incapacitated from acting.

3. Pertinently, Sri.M.Rajagopalan Nair - learned

Standing Counsel representing TRIDA, conceded that

his client has not deposited the requisite amount before

the 2nd respondent, but explained that this is because

his client does not have the money and that it is for the

Government to make such deposit. He then submitted

that his client has taken up the matter with the

Government and that they are confident of obtaining

necessary resources to be deposited by the 2 nd

respondent without any further delay.

4. Whatever be the disputations between the

TRIDA and the Government, the fact remains that

petitioner cannot be put to any further prejudice,

particularly because his property has already been

taken possession of in the year 2008. Hence, whoever WP(C) NO. 5273 OF 2022

be the Authority obligated to deposit the amount, the

petitioner must get his compensation without any

further avoidable delay.

In the afore perspective, without entering into the

merits of the internecine contentions of the Government

and the TRIDA, I am certain that this Court will be

justified in fixing a time frame, within which the

amounts will have to be disbursed to the petitioner.

Resultantly, I order this writ petition and direct either

the TRIDA or the competent Authority of the

Government, to ensure that the amount covered by

Ext.P4 Award is paid to the petitioner not later than six

months from the date of receipt of a copy of this

judgment. I record that this time frame has been

agreed to by Sri.A.Shafeek - learned counsel for the

petitioner also.

WP(C) NO. 5273 OF 2022

As a corollary to the afore direction, if the

petitioner does not receive the amounts under the

Awards within the afore time frame, he will be at liberty

to approach this Court seeking any relief that he may

deem necessary, including for a declaration that

acquisition is itself vitiated. For this purpose all his

contentions are left open.

Sd/-

DEVAN RAMACHANDRAN JUDGE ANB WP(C) NO. 5273 OF 2022

APPENDIX OF WP(C) 5273/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE AWARD DATED 30/4/2008 PASSED BY THE 2ND RESPONDENT IN LAC NO.297/2007.

Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 19/2/2019 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P3 TRUE COPY OF THE NOTICE DATED 8/5/2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

Exhibit P4 TRUE COPY OF THE PROCEEDINGS NO.A4-

219/2019/(LAC 297/2007) DATED 30/7/2019 OF THE 2ND RESPONDENT AWARDING ENHANCED COMPENSATION TO THE PETITIONER.

Exhibit P5 TRUE COPY OF THE LETTER DATED 4/9/2019 SUBMITTED BY THE 3RD RESPONDENT TO THE ADDITIONAL CHIEF SECRETARY, LOCAL SELF GOVERNMENT (I.A.) DEPARTMENT.

Exhibit P6            TRUE COPY OF THE JUDGMENT DATED 18/3/2020
                      OF    THIS    HON'BLE COURT    IN   WP(C)
                      NO.7347/2020.

Exhibit P7            TRUE COPY OF THE JUDGMENT DATED 29/6/2020

IN R.P.NO.428/2020 IN WP(C) NO.7347/2020 OF THIS HON'BLE COURT.

Exhibit P8 TRUE COPY OF THE TREATMENT CUM DISCHARGE CERTIFICATE DATED NIL ISSUED BY ANANTHAPURI HOSPITALS AND RESEARCH INSTITUTE, THIRUVANANTHAPURAM.

Exhibit P9 TRUE COPY OF THE PRESCRIPTION DATED 24/8/2021 ISSUED BY S.K.HOSPITAL, EDAPPAZHANJI JUNCTION, THIRUVANANTHAPURAM.