Johnson vs Angamaly Municipality
2024 Latest Caselaw 5431 Ker

Citation : 2024 Latest Caselaw 5431 Ker
Judgement Date : 16 February, 2024

Kerala High Court

Johnson vs Angamaly Municipality on 16 February, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
                      WP(C) NO. 18244 OF 2015
PETITIONER

             JOHNSON
             AGED 50 YEARS
             PULICKAL HOUSE, EDAPPALLY P.O,
             KANAYANNUR TALUK,ERNAKULAM VILLAGE,
             ERNAKULAM DISTRICT, PIN-682 024.
             BY ADVS.
             SRI.E.C.POULOSE
             SMT.BOBBY RAPHEAL.C

RESPONDENTS:

      1      ANGAMALY MUNICIPALITY
             ANGAMALY, ERNAKULAM DISTRICT,
             REPRESENTED BY ITS SECRETARY - 683 572.
      2      THE SECRETARY
             ANGAMALY MUNICIPALITY,
             ERNAKULAM DISTRICT -683 572.
      3      STATE OF KERALA
             REPRESENTED BY SECRETARY, REVENUE DEPARTMENT
             REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM - 695 001.
             BY ADVS.SRI.B.S.SYAMANTAK, GP
             SRI.V.M.KURIAN, SC, ANGAMALY MUNICIPALITY
             SHRI.ANIL K. MOHAMMAD, SC, ANGAMALY MUNICIPALITY
             SRI. P.P.THAJUDEEN, SC, ANGAMALY MUNICIPALITY


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    16.02.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.18244/2015

                                       2



                     P.V.KUNHIKRISHNAN, J.
                      --------------------------------
                     W.P.(C).No.18244 of 2015
               ----------------------------------------------
            Dated this the 16th day of February, 2024


                                JUDGMENT

This writ petition is filed with following prayers:

i. issue a Writ of Mandamus or any other appropriate Writ, Order or Direction, directing the to Respondents disburse Rs.2,00,000/- (Rupees Two lakhs only) to the petitioner as per Exhibit P-2 Agreement with 12% interest p.a. from 6/7/2010 (Date of Exhibit P- 2) forthwith. ii. issue a Writ of Mandamus or any other appropriate Writ, Order or Direction, directing the Respondents to pay cost of this proceeding to the petitioner:

iii. issue such other writ, order or direction which this Hon'ble Court may deem fit and proper on the facts and circumstances of this case and in the interest of justice.

(SIC)

2. It is the case of the petitioner that the respondent

Municipality acquired 3.876 cents of land of the petitioner for

constructing an approach road for a newly constructed bridge,

during 2009. It is the case of the petitioner that when the

Municipality tried to encroach into the property of the

petitioner without initiating any acquisition proceedings, the

petitioner approached before the Munsiff Court, Aluva and

filed Ext.P1 suit for permanent prohibitory injunction.

Subsequently the respondents executed Ext.P2 agreement

agreeing to pay Rs.2,00,000/- as compensation to the

petitioner. Accordingly Ext.P1 suit has been withdrawn. But,

even now, the full amount is not paid. Hence this writ petition.

3. Heard the learned counsel for the petitioner and

the learned Standing Counsel for the 1st respondent.

4. When this writ petition came up for consideration

on 10.09.2015, this Court passed the following order:

"Admit.

Standing Counsel Sri.V.M.Kurian takes notice for respondents 1 and 2. The Government Pleader takes notice for the 3rd respondent. Respondents 1 and 2 shall effect an interim payment of Rs.1,00,000/- (Rupees One lakh only) to the petitioner within a period of one month from today. The payment as above will be subject to the result of the writ petition."

5. Based on the above order, an amount of Rs.one lakh

is already disbursed. The grievance of the petitioner is that

the balance amount is not paid and since long years elapsed

after the agreement, the petitioner is also entitled interest.

The counsel for the Municipality submitted that the property is

not demarcated and that is why the delay in paying the

amount. I am of the considered opinion that when Ext.P2

agreement is there, the amount is to be disbursed to the

petitioner and it is the duty of the Municipality to do the

needful. This writ petition can be disposed of allowing the

petitioner to submit a representation for paying the balance

amount and the Municipality will disburse the amount within a

time frame.

Therefore, this writ petition is disposed of with following

directions:

1. The petitioner is free to file a

representation before the 1st respondent

Municipality narrating the balance

amount due, within three weeks from

the date of receipt of a certified copy of

this judgment.

2. Once such a representation is filed, the

1st respondent Municipality will

disburse the eligible amount as per

Ext.P2 agreement, as expeditiously as

possible, at any rate, within two months

from the date of receipt of the

representation.