Kerala High Court
Dr.K.Sudheendran vs State Of Kerala on 22 November, 2001
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
FRIDAY, THE 8TH DAY OF JUNE 2012/18TH JYAISHTA 1934
WP(C).No. 29429 of 2011 (C)
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PETITIONER(S):
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1. DR.K.SUDHEENDRAN,
S/O.KOCHUKRISHNAN, KANJRAKKATTU HOUSE, ADIMALI.P.O.
IDUKKI-685 561.
2. MAYA SUDHEENDRAN,
D/O.K.SUDHEENDRAN, ADIMALI.P.O., IDUKKI DISTRICT.
BY ADVS.SRI.C.S.AJITH PRAKASH
SRI.C.S.YESUDAS
SRI.PAUL C THOMAS
RESPONDENT(S):
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1. STATE OF KERALA,
REP.BY CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2. THE DIRECTOR OF TECHNICAL EDUCATION,
DIRECTORATE OF TECHNICAL EDUCATION,
THIRUVANANTHAPURAM.
3. THE DISTRICT COLLECTOR,
IDUKKI CIVIL STATION, KUYILIMALA, IDUKKI DISTRICT.
4. THE SUB COLLECTOR,
DEVIKULAM, OFFICE OF THE SUB COLLECTOR, DEVIKULAM.
BY SR GOVERNMENT PLEADER SRI SUSHEELA BHATT
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-06-2012,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LSN
WP(C).No. 29429 of 2011 (C )
P1: COPY OF THE GAZETTE NOTIFICATION NO:B4-1405/99 DATED 22-11-2001 IN
RESPECT IF IDUKKI DISTRICT.
P2: COPY OF THE PROCEEDINGS NO: C7-23737/2000 DATED 22-08-2003 OF TGE
DISTRICT COLLECTOR IDUKKI.
P3: COPY OF THE NOTICE NO: B4-1405/99 DATED 27-11-2003 ISSUED TO THE
PETITIONERS REQUESTING TO SURRENDER THE LAND.
P4: COPY OF THE MAHAZAR DATED 02.12.2003 OF THE ACQUIRED LAND.
P5: COPY OF THE GOVERNMENT ORDER NO.GO(RT) NO.1058/2006/FIN, DATED
17.02.2006 ALLOWING COMPENSATION OF 25 LAKH.
P6: COPY OF THE JUDGMENT DATED 22-05-2008 IN WPC NO.12942/08.
P7: COPY OF THE AWARD NO.LACB4-1405/99 DATED 24-02-08.
P8: COPY OF THE LAWYER NOTICE DATED 23-01-2010 TO THE 4TH RESPONDENT.
P9: COPY OF THE REPLY TO THE LAWYER NOTICE AS PER LETTER NO.B4-1405/99
DATED 10-03-10.
P10: COPY OF THE LAWYER NOTICE DATED 30-03-2010 TO THE 1ST RESPONDENT,
CHIEF SECRETARY TO GOVERNMENT OF KERALA.
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE
LSN
ANTONY DOMINIC, J.
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W.P.(C) NO.29429 OF 2011(C)
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Dated this the 8th day of June, 2012
J U D G M E N T
Heard the counsel for the petitioners and the learned Government Pleader appearing for the respondents. An extent of 2.02 hectors of land comprised in Sy. No.810/2 and 811 of Mannamkandam Village of Devikulam Taluk belonging to the petitioners was acquired by the respondents for the purpose of the Government Technical High School, Adimaly. Ext.P7 is the award passed.
2. In this writ petition, the grievance of the petitioners is that in the award, they were not awarded interest on the 30% the solarium and the additional compensation awarded. They claimed the dues by Ext.P8 notice and in Ext.P9 reply the stand taken was that the matter was pending in Sub court, Thodupuzha in LAR.No.6/2009.
3. Producing the award passed by the Sub Court n the aforesaid LAR, counsel for the petitioners contended that even the Sub Court has not considered the claim or awarded the amount claimed.
WPC.No. 29429/2011 :2 :
4. A perusal of Ext.P7 award shows that no interest on solatium or additional compensation was awarded to the petitioners. This is against the principles laid down in the judgment in Sunder V. Union of India(2001(3) KLT 489). Therefore despite the fact that the petitioners are legally entitled to the interest claimed, fact remains that it was not awarded. To that extent the ward suffers from an infirmity.
5. Therefore, the interest as claimed is to be awarded and it is for the respondents to quantify and pay the amount due towards the interest as claimed. Accordingly, I direct the petitioners to produce a copy of the judgment before the 4th respondent who thereupon shall quantify the amount due and ensure that the interest is paid to the petitioners as expeditiously as possible at any rate within 6 months thereafter.
Writ petition is disposed of as above.
(ANTONY DOMINIC) JUDGE vi/ WPC.No. 29429/2011 :3 :