Appunny v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN THURSDAY, THE 23RD DAY OF JULY 2015/1ST SRAVANA, 1937 WP(C).No. 23931 of 2009 (J) ---------------------------- PETITIONER(S):

-------------------------- APPUNNY, S/O.KOTHANDAN, KUTTIKUNNATH HOUSE, MINALUR VILLAGE, THALAPPALLY TALUK MINALOOR P.O.

THRISSUR DISTRICT. (DIED) (ADDITIONAL PETITIONERS IMPLEADED) ADDL. 2. THANKA.K.C.

W/O.LATE APPUNNI, KUTTIKINNATH HOUSE, MINALUR VILLAGE THALAPPALLY TALUK, MINALOOR.P.O., THRISSUR DISTRICT. ADDL. 3. MADHAVI.K.A.

D/O.LATE APPUNNI, KUTTIKINNATH HOUSE, MINALUR VILLAGE THALAPPALLY TALUK, MINALOOR.P.O., THRISSUR DISTRICT. ADDL. 4. GEETHA.K.A.

D/O.LATE APPUNNI, KUTTIKINNATH HOUSE, MINALUR VILLAGE THALAPPALLY TALUK, MINALOOR.P.O., THRISSUR DISTRICT. ADDL. 5. SUNDARAN S/O.LATE APPUNNI, KUTTIKINNATH HOUSE, MINALUR VILLAGE THALAPPALLY TALUK, MINALOOR.P.O., THRISSUR DISTRICT. (ADDL. P2 TO P5 ARE IMPLEADED AS LEGAL REPRESENTATIVES OF THE DECEASED PETITIONER AS PER ORDER DATED 28/02/2013 IN IA 3002/2013. BY ADV. SRI.D.SREEKUMAR RESPONDENT(S):

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

1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM.

2. THE DISTRICT COLLECTOR, THRISSUR.

3. THE DEPUTY COLLECTOR (LA), THRISSUR.

R1 & R2 BY GOVERNMENT PLEADER SRI. K.K.SAIDALAVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-072015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AL/-

-2W.P.(c) No. 23931 of 209 APPENDIX PETITIONERs EXHIBITS:

EXT.P1- A TRUE COPY OF THE JUDGMENT IN O.P.No. 15672/1999 DATED 1ST AUGUST 2005.

EXT.P2- A TRUE COPY OF THE JUDGMENT IN LAR 16/2007 DATED 22.11.2007. EXT.P3- A TRUE COPY OF THE LAWYER NOTICE DATED 15.11.2006. EXT.P4- A TRUE COPY OF THE REPLY TO THE LAWYER NOTICE RESPONDENT'S EXHIBITS: NIL.

TRUE COPY P.S. TO JUDGE AL/-

ANU SIVARAMAN, J., - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(c) No.23931 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of July 2015

JUDGMENT

The above writ petition was filed seeking directions to the respondents to pass orders paying adequate compensation as land value and value of improvements to the petitioner with respect to the properties acquired from him. The case was sent for mediation and the memorandum of agreement has been filed along with the report of the mediator, whereby, the respondents 1 to 3 shall pay an amount of Rs.3,50,000/- in equal proportion to additional petitioners 2 to 5 within two months from the date of receipt of a copy of this judgment. The writ petition is therefore, disposed of, in the light of the report of the mediator and the agreement entered into between the parties in the mediation which shall form part of this judgment. Sd/- ANU SIVARAMAN (JUDGE) al/- True copy P.S to Judge