Rani Joji v. The District Collector, Ernakulam
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH TUESDAY, THE 4TH DAY OF AUGUST 2015/13TH SRAVANA, 1937 WA.No. 1706 of 2015 () IN WP(C).20873/2015 -------------------------------------------- AGAINST THE JUDGMENT IN WP(C) 20873/2015 OF HIGH COURT OF KERALA DATED 10-07-2015 APPELLANTS/PETITIONERS:
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1. RANI JOJI W/O.JOJI CHERIAN, RESIDING AT DOOR NO.8/487 LIBRARY ROAD, ALUVA, ERNAKULAM DISTRICT.
2. ITHAMMA D/O.VELLOOKKUNNEL VARKEY, KANJOOR ANGADI KIZHAKUMPURAM VILLAGE, ALUVA TALUK ERNAKULAM DISTRICT NOW RESIDING AT PARAKA VEEDU HOUSE DESOM WEST, CHENGAMANAD.
BY ADVS.SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN RESPONDENTS/RESPONDENTS:
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1. THE DISTRICT COLLECTOR, ERNAKULAM, PIN-682030.
2. SPECIAL TAHSILDAR (LA) 2, KOCHI METRO RAIL PROJECT CIVIL STATION, KAKKANAD 682030.
3. THE MANAGING DIRECTOR (KMRL) KOCHI METRO RAIL LTD., 8TH FLOOR, REVENUE TOWER KOCHI-682 011.
4. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVT. SECRETARIAT THIRUVANANTHAPURAM-695 001.
5. THE INCOME TAX OFFICER INCOME TAX DEPARTMENT, WARD NO.1(4) RANGE 1(NON CORPORATE), 3RD FLOOR, C.R.BUILDING I.S.PRESS ROAD, KOCHI-682 018.
R1, R2 & R4 BY SENIOR GOVERNMENT PLEADER SRI. LIJU STEPHEN R3 BY SMT.M.U.VIJAYALAKSHMI, SC, KOCHI METRO RAIL LTD. R5 BY SRI.K.M.V.PANDALAI, INCOME TAX DEPARTMENT THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: shg/
WA.No. 1706 of 2015 () IN WP(C).20873/2015 APPENDIX APPELLANTS' ANNEXURES:
A1.
COPY OF THE INTERIM ORDER DATED 22.7.2015 IN W.P.(C) NO.21478/2015 FILED BY THE KOCHI METRO RAIL LTD.
RESPONDENTS' ANNEXURES:
NIL //TRUE COPY// P.A. TO JUDGE
T.R. RAMACHANDRAN NAIR & K.P. JYOTHINDRANATH, JJ. - - - - - - - - - - - - - - - - - - - - - - - W.A.No.1706 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of August, 2015
J U D G M E N T
Ramachandran Nair , J.
The appellants are the petitioners in W.P.(C) No.20873/2015.
2.
We heard learned Senior Counsel for the appellants Sri. N.N. Sugunapalan and Sri. S.Sujin and the learned Standing Counsel for the Department Sri. K.M.V. Pandalai.
3.
Learned Senior Counsel Sri.N.N. Sugunapalan submitted that even though the learned Single judge has directed to release 20% of the compensation withheld no particular direction has been issued with regard to the release of the income tax components of the said amount. 4.
The learned Standing Counsel for the Department submitted that there will not be any difficulty for the petitioners in the matter.
5.
We therefore clarify that while releasing the
W.A.No.1706 of 2015 -2amount representing 20% the Tahsildar will not deduct any amount towards income tax and the total amount representing 20% compensation will be released to the appellants/petitioners.
The Writ Appeal is accordingly disposed of modifying the judgment of the learned Single Judge to the above extent.
Sd/- T.R. RAMACHANDRAN NAIR JUDGE Sd/- K.P. JYOTHINDRANATH JUDGE //True copy// P.A. TO JUDGE shg/