The Kochi Metro Rail Limited vs Ithamma Xavier
2023 Latest Caselaw 10125 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
       THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                                  &
              THE HONOURABLE MR.JUSTICE V.G.ARUN
 WEDNESDAY, THE 20TH DAY OF SEPTEMBER 2023 / 29TH BHADRA,
                                 1945
                       WA NO. 1345 OF 2021
AGAINST THE ORDER/JUDGMENT WP(C) 18012/2021 OF HIGH COURT
                            OF KERALA
APPELLANT/S:
         THE KOCHI METRO RAIL LIMITED4TH FLOOR, JLN
         STADIUM METRO STATION, BANERJI ROAD, KALOOR 682
         017 REPRESENTED BY COMPANY SECRETARY/GENERAL
         MANAGER.
         BY ADV SMT.M.U.VIJAYALAKSHMI, SC, KOCHI METRO
         RAIL LTD.
RESPONDENT/S:
    1    ITHAMMA XAVIERPARAKKAL HOUSE, DESOM P.O, ALUVA,
         ERNAKULAM 683102
    2    THE PRINCIPAL SECRETARY TO GOVERNMENT,REVENUE
         DEPARTMENT, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM 695 001
    3    THE DISTRICT COLLECTOR,CIVIL STATION, KAKKANAD,
         ERNAKULAM 682 030
    4    THE SPECIAL TAHSILDAR,(LA)NO. 2, KOCHI METRO
         RAIL PROJECT, KAKKANAD, ERNAKULAM 682 030
    5    THE COMMISSIONER OF INCOME TAX, CENTRAL REVENUE
         BUILDING, IS PRESS ROAD, ERNAKULAM 682018
         BY ADV GOVERNMENT PLEADER
THIS   WRIT   APPEAL    HAVING    COME    UP    FOR   ADMISSION   ON
20.09.2023,   THE   COURT   ON    THE    SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.A.No.1345 of 2021

                                   -2-



                                JUDGMENT

Dated this the 20th day of September, 2023

A.J.Desai, C.J.

Today we have heard W.A.No.532 of 2023 filed

by the writ petitioner and the same has been

disposed of recording the statement that the

challenge in the appeal is confined to the claim

for interest on the balance 20% of the

compensation paid. Since the writ petitioner has

restricted the claim, nothing survives for

consideration in this appeal, which is filed on

the premise that the writ petitioner is seeking

enhancement of compensation. Hence, the writ

appeal is closed.

Sd/-

A.J.Desai Chief Justice

sd/-

V.G.Arun Judge Scl/ W.A.No.1345 of 2021

APPENDIX OF WP(C) 18012/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 8.7.2014 REQUIRING THE PETITIONER TO APPEAR BEFORE THE 3RD RESPONDENT ON 23.7.2014.

EXHIBIT P2 TRUE COPY OF THE GOVERNMENT ORDER GO(RT).NO.3085/2014/RD DATED 5.7.2014. EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS VIDE NO.DPS.NO.53/14 DATED 13.8.2014 OF THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE AGREEMENT DATED 21.8.2014 EXECUTED BETWEEN THE PETITIONER AND THE 2ND RESPONDENT DISTRICT COLLECTOR.

EXHIBIT P5 TRUE COPY OF THE GOVERNMENT ORDER GO(MS).NO.485/2015/RD DATED 23.9.2015. EXHIBIT P6 TRUE COPY OF THE CIRCULAR VIDE NO.1193/2018 DATED 3.8.2018 ISSUED BY THE REVENUE DEPARTMENT.

EXHIBIT P7 TRUE COPY OF THE REPLY DATED 26.10.2015 ISSUED TO THE PETITIONER BY THE PRINCIPAL CHIEF COMMISSIONER OF INCOME TAX.

EXHIBIT P8 TRUE COPY OF THE CIRCULAR NO.36/2016 DATED 25.10.2016 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES.

EXHIBIT P9 TRUE COPY OF THE LETTER DATED 20.10.2018 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT P10 TRUE COPY OF THE LETTER DATED 24.10.2018 ADDRESSED BY THE PETITIONER TO THE 2ND RESPONDENT DISTRICT COLLECTOR.

EXHIBIT P11 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT EVIDENCING THE RECEIPT OF THE EXT.P10 LETTER ISSUED BY THE PETITIONER. EXHIBIT P12 TRUE COPY OF THE REPLY DATED 27.10.2018 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P13 TRUE COPY OF THE LETTER DATED 9.11.2018 ISSUED TO THE PETITIONER BY W.A.No.1345 of 2021

THE 3RD RESPONDENT.

EXHIBIT P14 TRUE COPY OF THE LETTER DATED 7.12.2018 ISSUED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ALONG WITH SUPPORTING DOCUMENTS.

EXHIBIT P15 TRUE COPY OF THE LETTER DATED 29.1.2019 SENT BY THE PETITIONER TO THE 3RD RESPONDENT.

EXHIBIT P16 TRUE COPY OF THE LETTER DATED 1.2.2019 FORWARDED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT P17 TRUE COPY OF THE DRAFT SALE DEED DATED 28.1.2019 EXECUTED BETWEEN THE PETITIONER AND THE 4TH RESPONDENT. EXHIBIT P18 TRUE COPY OF THE REPLY DATED 22.2.2019 COMMUNICATED BY THE PETITIONER TO THE DISTRICT COLLECTOR AND RESPONDENTS 3 AND 4.

EXHIBIT P19 TRUE COPY OF THE REPLY DATED 15.3.2019 FORWARDED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT P20 TRUE COPY OF THE EXPLANATION DATED 8.4.2019 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT P21 TRUE COPY OF THE JUDGMENT IN WA.NO.2396/2015 DATED 4.11.2016 PASSED BY THIS HON'BLE COURT.

EXHIBIT P22 TRUE COPY OF THE LETTER DATED 18.6.2019 FORWARDED BY THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT P23 TRUE COPY OF THE NOTICE VIDE NO.LAC.NO.137/14/LAII DATED 3.10.2019 FORWARDED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT P24 TRUE COPY OF THE AUTHORIZATION LETTER SUBMITTED BY THE PETITIONER TO REPRESENT HER BEFORE THE 3RD RESPONDENT ON 15.10.2019. EXHIBIT P25 TRUE COPY OF THE REGISTERED LETTER DATED 8.7.2019 FORWARDED BY THE PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P26 TRUE COPY OF THE REGISTERED LETTER DATED 21.11.2019 FORWARDED BY THE W.A.No.1345 of 2021

PETITIONER TO THE 3RD RESPONDENT. EXHIBIT P27 TRUE COPY OF THE REGISTERED LETTER DATED 26.6.2020 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT WITH COPY TO THE 3RD AND 4TH RESPONDENTS. EXHIBIT P28 TRUE COPY OF THE DRAFT SALE DEED EXECUTED BETWEEN THE PETITIONER AND THE 4TH RESPONDENT ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT. EXHIBIT P29 TRUE COPY OF THE COVERING LETTER DATED 13.7.2020 ABOUT THE DRAFT SALE DEED ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

RESPONDENT EXHIBITS EXHIBIT R4 A COPY OF THE JUDGMENT DATED 13.12.2020 IN WA NO 2158 OF 2017 OF TIS HON'BLE COURT EXHIBIT R4 B COPY OFTHE ORDER DATED 5/09/2019 IN SLP NO 4577/2019 OF THE HON'BLE SUPREME COURT OF INDIA