Special Tahsildar (La) vs Sreekumarn Nair
2022 Latest Caselaw 5926 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR.JUSTICE V.G.ARUN
        TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
                          RP NO. 347 OF 2022
  AGAINST THE ORDER/JUDGMENT IN OP(C) 1558/2021 OF HIGH COURT OF
                                 KERALA
REVIEW PETITIONER/S/1st RESPONDENTIN O.P.(C):

            STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR
            (LA)
            RAILWAYS,KAYAMKULAM, PIN - 690106
            BY ADV GOVERNMENT PLEADER


RESPONDENT/S/PETITIONERS & 2ND RESPONDENT IN O.P.(C):

    1       SREEKUMARN NAIR
            S/O JANARDHANAN
            PILLAI,CHILLAMADATHIL,KOMANA,AMBALAPUZHA, PIN - 688561
    2       THE DEPUTY CHIEF ENGINEER(CONSTRUCTION II)
            SOUTHERN RAILWAY ,ERNAKULAM, PIN - 682016
            BY ADV A.KRISHNAN


     THIS    REVIEW   PETITION   HAVING    COME   UP   FOR   ADMISSION   ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RP NO. 347 OF 2022
                                 2

                       ORDER

Dated this the 31st day of May, 2022

This review petition is filed pointing out that

subsequent to the judgment of this Court, the Government

has preferred Land Acquisition Appeals challenging the

awards which are sought to be executed by the original

petitioner. It is submitted that in connected appeals, this

court has stayed the execution, subject to the Government

depositing 50% of the compensation amount, with

proportionate interest and cost, before the Authority within

60 days. The claimant has also been given the liberty to

move the Authority for withdrawal of the deposited amount

in accordance with law.

2. Learned Government Pleader points out that,

since this court has stipulated a time limit for disposal of

the execution petition, appeal in this case has not been

brought up for consideration. It is submitted that it would

be beneficial for the claimant also, if an order, as in the

other appeals, is passed in his case. RP NO. 347 OF 2022

3. There is substantial merit in the submission. The

State having preferred appeals against the awards, for the

executionof which time limit is stipulated in these original

petitions, I deem it appropriate to review the judgment,

particularly in view of the fact that, while admitting the

appeals and granting stay, this court is directing payment

of 50% of the compensation amount.

In that view of the matter, the review petition is

allowed and the judgment is recalled.

Sd/-

V.G.ARUN JUDGE

RK