Kerala High Court
Baiju.S vs State Of Kerala, Represented By The ... on 31 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
WP(C) NO. 10383 OF 2024
PETITIONER:
BAIJU.S.,AGED 47 YEARS
S/O LATE. SREEDHARAN NADAR,
KALLUVILAKATHU VEEDU, MUDAVOORPARA,
BALARAMAPURAM.P.O,
THIRUVANANTHAPURAM, PIN - 695501
BY ADV THIRUMALA P.K.MANI
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY
THE DISTRICT COLLECTOR
COLLECTORATE, 2ND FLOOR CIVIL STATION BUILDING,
CIVIL STATION ROAD, THIRUVANANTHAPURAM,
PIN - 695043
2 THE EXECUTIVE ENGINEER
PWD, NATIONAL HIGHWAY DIVISION,
PUSHPANAGAR ROAD, PMG,
THIRUVANANTHAPURAM, PIN - 695033
GP DEEPA V.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.10383 of 2024 2
VIJU ABRAHAM, J.
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W.P (C) No.10383 of 2024
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Dated this the 31st day of May, 2024
JUDGMENT
Petitioner has approached this Court seeking a direction to the
respondents to deposit the balance amount due to him as per Ext.P3
judgment in L.A.R.No.31 of 2018 of the Court of the Land Acquisition
Rehabilitation and Re-settlement Authority, Thiruvananthapuram (2 nd
Additional District Court, Thiruvananthapuram) with 15% interest from the
date of taking possession of the property of the petitioner till the date of
deposit as claimed in E.P.No.13 of 2024, pending before the Court of the
Land Acquisition Rehabilitation and Re-settlement Authority,
Thiruvananthapuram (2nd Additional District Court, Thiruvananthapuram).
2. A counter affidavit has been filed on behalf of the 1 st respondent,
wherein paragraph 8 reads as follows:
"8. Due to delay in getting the copy of the judgment I was not able
to deposit the balance amount in Court. The Judgment copy of LAR
31/2018 received to this office only on 21-03-2024 and it is reporting
that immediate action will be taken to deposit the balance amount in the
CCD Account of Hon'ble Additional District Court."
In view of the stand taken by the 1st respondent that steps are
being taken to deposit the balance amount before the Additional District
Court concerned, the above writ petition is disposed of with a direction to
the 1st respondent to deposit the said amount without any delay, at any
rate, within an outer limit of one month from the date of receipt of a copy
of the judgment.
Sd/-
VIJU ABRAHAM
JUDGE
cks
APPENDIX OF WP(C) 10383/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF THE AWARD STATEMENT
DATED NIL
Exhibit P2 TRUE PHOTOCOPY OF THE ORDER DATED
28.07.2018 PASSED BY THE LAND
ACQUISITION OFFICER AND SPECIAL
TAHSILDAR LA UNIT, COLLECTORATE.
Exhibit P3 TRUE PHOTOCOPY OF THE JUDGMENT IN LAR
Exhibit P4 TRUE PHOTOCOPY OF THE EP NO. 13/2024
PENDING BEFORE COURT OF THE LAND
ACQUISITION REHABILITATION AND RE-
SETTLEMENT AUTHORITY,
THIRUVANANTHAPURAM (2ND ADDITIONAL
DISTRICT COURT, THIRUVANANTHAPURAM)
Exhibit P5 TRUE COPY OF THE JUDGMENT IN WP(C) NO.
27418/2015 DATED 13.10.2015
Exhibit P6 TRUE COPY OF THE JUDGMENT IN WP(C) NO.
36073/2015 DATED 22.02.2016
