Kerala High Court
State Of Kerala vs Chandra Mohan Nair on 20 May, 2022
Author: C.S.Dias
Bench: C.S.Dias
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
Friday, the 20th day of May 2022 / 30th Vaisakha, 1944
IA.NO.1/2022 IN LA.APP. NO. 280 OF 2021
LAR 97/2019 OF THE LAND ACQUISITION REHABILITATION AND RE-SETTLEMENT AUTHORITY,
ALAPPUZHA
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APPLICANT/APPELLANT/APPELLANT IN LAA:
STATE OF KERALA ,REPRESENTED BY THE SPECIAL TAHSILDAR, LA
(RAILWAYS), KAYAMKULAM. PIN-690502.
RESPONDENTS/RESPONDENTS/RESPONDENTS IN LAA:
1. CHANDRA MOHANAN NAIR , SREEVALSAM, KARUMADY, AMBALAPUZHA PIN-688562.
2. SREEDEVI, SREEVALSAM, KARUMADY, AMBALAPUZHA PIN-688562.
3. THE DEPUTY CHIEF ENGINEER (CONSTRUCTION II), SOUTHERN RAILWAY,
ERNAKULAM, PIN-682016.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to extend the time
limit prescribed in I.A.No.1/2021 in the above said appeal for a further
period of 4 months from 21.02.2022.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof and this court's order dated
22/12/2021 and upon hearing the arguments of GOVERNMENT PLEADER, for the
petitioner and of SRI.A.KRISHNAN, Advocate for the respondents 1 &
2,SRI.SHRIHARIRAO STANDING COUNSEL for R3, the court passed the following:
P.T.O.
C.S.DIAS,J.
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L.A.App.No.280 of 2021
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Dated this the 20th day of May, 2022
ORDER
Sri.A.Krishnan enters appearance for the respondents 1 and 2.
I.A.No.1/2022
The application is filed to enlarge the time period fixed by this Court in IA No.1/2021, directing the petitioner to deposit 50% of the compensation amount with proportionate interest and cost before the Authority within 60 days from 22.12.2021.
2. The Deputy Collector of the Revenue Department has in the affidavit filed in support of the application stated that due to the shifting of the office of the Special Tahsildar (LA) Railway from Kayamkulam to Alappuzha, the staff were unable to carry on with their normal work during the period. Therefore, the petitioner may be granted a further period of four months from 21.02.2022 to comply with the L.A.App.No.280 of 2021 -:2:- order.
3. Heard; the learned Government Pleader appearing for the petitioner and Sri.A. Krishnan, the learned counsel appearing for the respondents 1 and 2.
Even though I am not at all satisfied and convinced of the reasons mentioned in the affidavit filed in support of the application to enlarge the time period, taking a lenient view in the matter, especially since the time period has already expired, I enlarge the time period by a further period of 30 days from today, to comply with the condition in the interim order. It is made clear that no further extension would be granted. If the above amount is not paid within the stipulated time period, the Authority shall immediately proceed with the execution proceeding.
Sd/-
C.S.DIAS, JUDGE DST/20.05.22 20-05-2022 /True Copy/ Assistant Registrar