Indira K Nair @ Kalyanikutti Amma v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 19TH DAY OF JUNE 2015/29TH JYAISHTA, 1937 WP(C).No. 11424 of 2014 (C) -------------------------------------- PETITIONER:

-------------------------- INDIRA K NAIR @ KALYANIKUTTI AMMA AGED 71 YEARS, W/O.KUTTIKRISHNAN NAIR, 'SREE HARI' GOVERNMENT HOUSING COMPLEX ROAD, THIRUVENKIDOM GURUVAYOOR 680 101.

BY ADV. SRI.RAJIT RESPONDENTS:

----------------------------

1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT THIRUVANANTHAPURAM - 695 001

2. DISTRICT COLLECTOR THRISSUR, AYYANTHOLE COLLECTORATE, THRISSUR DISTRICT - 680 001

3. SR.DEPUTY GENERAL MANAGER SOUTHERN RAILWAYS, VIGILANCE PARK TOWN, CHENNAI - 600 003.

4. ACQUISITION OFFICER AND SPECIAL TAHSILDAR (LA) GURUVAYUR TANUR RAILWAY LANE, GURUVAYUR - 680 502 R1 & R2 BY SR. GOVERNMENT PLEADER SRI. THOMAS JOHN AMBOOKEN R3 BY ADVS. SRI.N.B.SUNIL NATH, SC, RAILWAYS R3 & R4 BY SRI.C.S.DIAS, SC, RAILWAYS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 11424 of 2014 (C) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 COPY OF THE NOTIFICATION B2-51/2012 EXHIBIT P2 COPY OF THE AGREEMENT BETWEEN THE PETITIONER AND RESPONDENTS 3 & 4 EXHIBIT P3 COPY OF THE PHOTOSTAT COPY OF THE PHOTOGRAPHS SHOWING THE ERECTION OF THE FOOT OVER BRIDGE EXHIBIT P4 COPY OF THE LETTER ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT BEARING NO.E3-1528/12 DATED 16/1/2014 EXHIBIT P5 COPY OF THE REPRESERNTATION DATED 4/2/2014 EXHIBIT P6 TRUE COPY OF THE AGREEMENT EXECUTED UNDER FORM NO. 10 (a) BY THE PETITIONER RESPONDENT(S)' EXHIBITS:- ---------------------------------------------- EXHIBIT R-3(1) COPY OF LETTER DATED 08.07.2013 SENT BY THE CHIEF ADMINISTRATIVE OFFICER, CONSTRUCTION BRANCH, SOUTHERN RAILWAY, ERNAKULAM EXHIBIT R-3(2) COPY OF LETTER DATED 06.05.2014 SENT BY THE CHIEF ADMINISTRATIVE OFFICER, CONSTRUCTION BRANCH, SOUTHERN RAILWAY, ERNAKULAM EXHIBIT R-3(3) COPY OF LETTER DATED 30.05.2014 ADDRESSED TO THE 1ST RESPONDENT /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 11424 OF 2014 ---------------------------------------- Dated this the 19th day of June, 2015

JUDGMENT

It cannot be disputed that the value awarded for adjacent property are far less as detailed below:- i) Award No. 1/11 - Rs. 2,68,061 per Are ii) Award No. 2/11 - Rs. 3,35,213 per Are iii) Award No. 3/11 - Rs. 3,78,943 per Are 2.

But the value awarded for the land of the petitioner is at the rate of Rs. 17,56,829 per Are. A total amount of Rs. 51,47,511/- has been paid to the petitioner under Ext. P6 agreement. Clause 3 of Ext. P6 agreement is as follows:- "(3) That the owner and the interested party shall not claim any amount in addition to the amount agreed upon as aforesaid as compensation and accept it without any protest."

3.

The petitioner having accepted the amount without demur cannot turn around and claim interest. The petitioner claims interest on the sum from the date of

W.P.(C). NO. 11424 OF 2014 2 negotiated settlement (15.07.2013). This interest is so claimed at 18% per annum till the date of actual disbursement (13.11.2014). Such a claim is untenable in view of Ext. P6 agreement and the receipt of the same without protest.

The writ petition fails and is dismissed.

V. CHITAMBARESH JUDGE