Kerala High Court
Hazeena Beevi vs State Of Kerala on 21 November, 2016
Author: Shaji P. Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 23RD DAY OF MAY 2018 / 2ND JYAISHTA, 1940
WP(C).No. 13755 of 2018
PETITIONER:
HAZEENA BEEVI,
HAZEENA MANZIL, ANDOORKONAM,
THIRUVANANTHAPURAM, PIN- 695 882
BY ADV.SRI.A.CHANDRA BABU
RESPONDENT(S):
1. STATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, STATUE,
THIRUVANANTHAPURAM, PIN- 695 001
2. THE CHIEF EXECUTIVE OFFICER,
TECHNOPARK, KAZHAKUTTAM P.O.,
THIRUVANANTHAPURAM, PIN- 695 882
3. THE DISTRICT COLLECTOR,
CIVIL STATION, KUDPANAKUNNU,
THIRUVANANTHAPURAM, PIN- 695 043
R1 TO R3 BY GOVERNMENT PLEADER SMT.VINITHA.B.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23-05-2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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25/5/2018
WP(C).No. 13755 of 2018 (T)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN LAR NO.174/2011
DATED 21-11-2016 OF SUB COURT, ATTINGAL.
EXHIBIT P2 TRUE COPY OF THE EP NO.14/2018 IN LAR 174/2011 ON
THE FILES OF THE SUB COURT, ATTINGAL.
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.A.TO JUDGE
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25/5/2018
SHAJI P. CHALY, J.
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W.P.(C) No.13755 of 2018
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Dated this the 23rd day of May, 2018
JUDGMENT
This writ petition is filed by the petitioner seeking the following reliefs:
i) to issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to pay the entire compensation amount of Rs.5,00,000/- as per the statements of accounts mentioned in E.P No.14/2018 on the files of the sub court, Attingal.
ii) to issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to pay the entire compensation amount as per the decree and judgment in LAR 174/2011 on the files of the sub court Attingal towards the satisfaction of the court decree in a time frame as fixed by this Hon'ble Court.
iii) Issue such other writs, order or direction to deem fit and proper in the circumstances of the case.
2. Apparently from the pleadings it is evident that, property of the petitioner was acquired and an award was passed, which was challenged in LAR No.174/2011 and the W.P.(C) No. 13755 of 2018 2 reference court has passed an enhanced amount of Rs.2,05,740/-. Consequently petitioner has submitted E.P.No.14/2018, which is pending consideration before the Subordinate Judges Court, Attingal. The sole grievance raised by the petitioner in this writ petition is that, in spite of the earnest efforts of the petitioner, the amount is not released. It is thus seeking appropriate directions, this writ petition is filed.
3. Having evaluated the facts and circumstances of the case and hearing the learned counsel for petitioner and learned Government Pleader, I think it is only appropriate that, the writ petition is disposed of with suitable directions.
4. Learned Government Pleader submitted that, there is some delay in securing the copy of the judgment and decree, which prevented the respondents from calculating the amount due to the petitioner and seeks four months time for the deposit of the same before the execution court.
5. Therefore, respondents are directed to deposit the W.P.(C) No. 13755 of 2018 3 amount within four months from the date of receipt of a copy of this judgment, in the aforestated execution petition and there will be a direction to that effect also.
Sd/-
SHAJI P. CHALY JUDGE smv 24.5.2018