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High Court of KeralaWP(C)/29669/2015disposed of

D.Prabhakaran v. The District Collector

2015-10-06Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 6TH DAY OF OCTOBER 2015/14TH ASWINA, 1937 WP(C).No. 29669 of 2015 (G) --------------------------------------- PETITIONER:

------------------ D.PRABHAKARAN, AGED 73 YEARS, S/O.P DIVAKARAN, PRABHA VILASOM, (VARUVILAKATHU)T C NO 79/2506-25, VENPALAVATTM KADAKAMPALLI VILAGE, THIRUVANANTHAPURAM.

BY ADV. SMT.M.HEMALATHA RESPONDENTS:

----------------------- THE DISTRICT COLLECTOR, COLLECTORATE, KUDAPPANAKUNNU, THIRUVANANTHAPURAM, PIN 695005.

BY GOVERNMENT PLEADER SRI.RENJITH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 29669 of 2015 (G) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:- TRUE COPY OF ATTACHMENT ORDER DTD 5/6/2013 IN LAR NO 316 OF 2009 OF THE 2ND ADDITIONAL SUB COURT, THIRUVANANTHAPURAM P2:- TRUE COPY OF THE LETTER DTD 4/12/2013 P3:- TRUE COPY OF THE REVIEW PETITION 90 OF 2014 (EA.90/14) DTD 24/1/2014 P4:- TRUE COPY OF THE STATEMENT OF ACCOUNTS RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 29669 of 2015 ===================================================== Dated this the 6th day of October, 2015

JUDGMENT

The petitioner, who is a claimant in LAR No.316 of 2009 before the IInd Additional Sub Court, Thiruvananthapuram, is aggrieved by the inaction on the part of the respondent in not making the payment of compensation amount, pursuant to the modified award dated 25.11.2011. It is the case of the petitioner in the writ petition that, although he has filed an execution petition before the Court below, the respondents have not paid any amounts towards compensation based on the modified award, before that Court, even after a lapse of five years.

2.

I have heard the learned counsel appearing for the petitioner as also the learned Government Pleader appearing for the respondents.

The learned Government Pleader would submit, on instructions, that the award amount would be deposited before the Court below, within a period of one month. Taking note of the said submission, the writ petition is disposed directing the respondents to ensure that the compensation amount due to the petitioner, pursuant to the modified award and in terms of Ext.P4 statement, is

-2W.P.(C). No. 29669 of 2015 deposited before the Court below, within a period of one month from the date of receipt of a copy of this judgment. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das 07.10.2015