Kerala High Court
East West Hotels Limited vs State Of Kerala on 29 April, 2025
OP(C) No. 1115 of 2025 2025:KER:33289
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
TUESDAY, THE 29TH DAY OF APRIL 2025 / 9TH VAISAKHA, 1947
OP(C) NO. 1115 OF 2025
PETITIONER:
EAST WEST HOTELS LIMITED
66, RESIDENCY ROAD, BANGALORE ALSO HAVING ITS
OFFICE AT 3115, 6TH C MAIN, 13TH CROSS, HAL SECOND
STAGE, INDIRA NAGAR, BANGALORE REPRESENTED BY ITS
EXECUTIVE CHAIRMAN PREM KUMAR MENON, PIN - 560008
BY ADVS.
N.KRISHNA PRASAD
P.SHANES METHAR
A.MOHAMMED FAIZAL
DEEPAK VARUGHESE MATHEW
GEETHU SUSAN VARGHESE
ARJUN P.V.
HARKISH SREETHU V.S.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY DISTRICT COLLECTOR, DISTRICT
COLLECTORATE OFFICE, KUDAPPANAKUNNU,
THIRUVANANTHAPURAM, PIN - 695043
2 KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY ITS MANAGING DIRECTOR,
THIRUVANANTHAPURAM, PIN - 695001
OP(C) No. 1115 of 2025 2025:KER:33289
2
OTHER PRESENT:
ADV K DENNY DEVASSY, GOVERNMENT PLEADER
ADV P C CHACKO , STANDING COUNSEL FOR KSRTC
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
29.04.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) No. 1115 of 2025 2025:KER:33289
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JUDGMENT
The petitioner has approached this Court, seeking to release an
amount of Rs. 28,77,36,256/- (Twenty-eight crore seventy-seven lakh
thirty-six thousand two hundred fifty-six), deposited for the payment
towards compensation due to the petitioner as a consequence of the land
acquisition proceedings initiated by the respondents. Though the
petitioner sought the release of the aforesaid amount by preferring Ext.P6
application, the Reference Court had adjourned the said application for
consideration to 26.05.2025. The petitioner, therefore, preferred Ext.P9
petition, seeking advancement of the case from 26.05.2025 to a near
date for consideration. It is alternatively prayed that the Execution
Petition be listed before the Vacation Bench, in order to enable the
petitioner to seek appropriate orders in view of the urgency expressed in
the case.
2. Heard Sri. N. Krishna Prasad, the learned counsel appearing
for the petitioner, Sri.P.C. Chacko, the learned Standing Counsel for
respondent No. 2, and Sri. K. Denny Devassy, the learned Government
Pleader.
OP(C) No. 1115 of 2025 2025:KER:33289
3. Since the amount is lying in deposit before the Sub-Court,
which is the designated court under Section 18 of the Land Acquisition
Act, 1894, there cannot be any direction to consider the application for
the release of the amount by the Vacation Court. However, that by itself
will not preclude this Court from granting appropriate relief to the
petitioner. Considering the fact that the State has deposited the amount
on behalf of the requisition authority, it is only appropriate that the
application for the release of the said amount be considered by the
Reference Court at the earliest point of time.
4. In light of the aforesaid facts, this Court finds that it is a fit
case where the power under Article 227 of the Constitution of India can
be invoked and a direction be issued to the Second Additional Sub Court,
Thiruvananthapuram to list Ext.P6 application on the date of reopening
itself, i.e., on 19.05.2025, and consider and dispose of the same in
accordance with law, after giving an opportunity for the State to file a
necessary statement.
5. Since this Court has directed the Second Additional Sub
Court, Thiruvananthapuram, to take up Ext.P6 application on 19.05.2025
itself, the State shall endeavour to file the statement before that date. In
order to enable the Second Additional Sub Court, Thiruvananthapuram, to
OP(C) No. 1115 of 2025 2025:KER:33289
pass orders on Ext.P6, the petitioner, the requisition authority, and the
State shall appear before the court on the said date.
The Registry is directed to communicate the direction to the Second
Additional Sub Court, Thiruvananthapuram.
Sd/-
EASWARAN S.
JUDGE
APM
OP(C) No. 1115 of 2025 2025:KER:33289
APPENDIX OF OP(C) 1115/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RESOLUTION AUTHORIZING THE
EXECUTIVE DIRECTOR TO INITIATE APPROPRIATE
LEGAL PROCEEDINGS DATED 4.4.2025
Exhibit P1(a) TRUE COPY OF THE CERTIFICATE OF INCORPORATION
OF THE PETITIONER COMPANY
Exhibit P1(b) TRUE COPY OF THE DETAILS OF THE PETITIONER
COMPANY AS DOWNLOADED FROM THE WEBSITE OF THE
MINISTRY OF CORPORATE AFFAIRS
Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 1.8.2018 IN
Exhibit P3 TRUE COPY OF THE EXECUTION PETITION
NO.321/2021 ON THE FILES OF THE SECOND
ADDITIONAL SUB-COURT, THIRUVANANTHAPURAM
Exhibit P4 TRUE COPY OF THE PROCEEDINGS DATED 24.3.2025
Exhibit P5 TRUE COPY OF THE PROCEEDINGS DATED 12.03.2025
Exhibit P6 TRUE COPY OF THE APPLICATION DATED 07.4.2025
Exhibit P7 TRUE COPY OF THE PROCEEDINGS DATED 9.4.2025
AS DOWNLOADED FROM E-COURT SERVICES
Exhibit P8 TRUE COPY OF THE PROCEEDINGS DATED 11.4.2025
AS DOWNLOADED FROM E-COURT SERVICES
Exhibit P9 TRUE COPY OF THE E.A.NO.377/25 DATED
11.4.2025
