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High Court of KeralaWP(C)/2048/2015disposed of

Shylaja Kumari v. State Of Kerala

2015-02-09Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 9TH DAY OF FEBRUARY 2015/20TH MAGHA, 1936 WP(C).No. 2048 of 2015 (E) --------------------------- PETITIONERS:

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1. SHYLAJA KUMARI N.V., D/O VASUDEVAN, VIJAYA VILAS, MUKKOLA, KARAKULAM VILLAGE, THIRUVANANTHAPURAM.

2. JAYA KRISHNAN, S/O RAVEENDRAN, VIJAYA VILAS, MUKKOLA, KARAKULAM VILLAGE, THIRUVANANTHAPURAM.

3. HARIKRISHNAN, S/O RAVEENDRAN, VIJAYA VILAS, MUKKOLA, KARAKULAM VILLAGE, THIRUVANANTHAPURAM.

BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, COLLECTORATE CIVIL STATION, THIRUVANANTHAPURAM-695001.

2. THE SPECIAL TAHSILDAR, ADDITIONAL (LA) UNIT, VANCHIYOOR P.O., THIRUVANANTHAPURAM-695001.

3. THE SECRETARY, TRIVANDRUM DEVELOPMENT AUTHORITY THIRUVANANTHAPURAM - 695 001.

R3 BY ADV. SRI.K.A.JALEEL, SC., TRIDA BY GOVERNMENT PLEADER SRI. T.R. RAJESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 2048 of 2015 (E) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 :

A TRUE PHOTOCOPY OF THE LETTER DEATED 31.12.2007 ISSUED BY THE PETITIONERS BY HANDLING OF THE POSSESSION OF THE LAND.

EXHIBIT P2 :

A TRUE PHOTOCOPY OF THE JUDGMENT IN LAR NO.436/2009 PASSED BY THE II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM.

EXHIBIT P3 :

A TRUE PHOTOCOPY OF THE EXECUTION PETITIN AS EP.NO.193/2013 IN LAR NO.436/2009 FILED BY THE PETITIONERS BEFORE THE SUB COURT, THIRUVANANTHAPURAM.

EXHIBIT P4 :

A TRUE PHOTOCOPY OF THE JUDGMENT IN LAA.NO.179/2013 PASSED BY THIS COURT.

EXHIBIT P5 :

A TRUE PHOTOCOPY OF THE MARRIAGE INVITATION LETTER PUBLISHED BY THE PETITIONERS FOR THE MARRIAGE OF THE 2ND PETITIONER.

RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 2048 OF 2015 ------------------------------------ Dated this the 9th day of February, 2015

JUDGMENT

The possession of the property was surrendered as early as on 31.12.2007 pursuant to the Award No. 17/2007 dated 12.12.2007. The enhanced compensation award in LAR No. 436/2009 has been affirmed in LAA No. 179/2013 and E.P. No. 193/2013 is pending. The petitioners are yet to receive any part of the enhanced compensation since the respondents have not yet deposited the requisite money.

2.

The Government Pleader on instructions submits that the award could be satisfied within a reasonable period. I therefore direct the respondents to deposit the amount due to the petitioners within a period of four months from today. The respondents shall see to it that the amount due in LAA No. 179/2013 is deposited in EP No. 193/2013 and full satisfaction is recorded within a period of four months.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd