IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 WP(C).No. 6027 of 2010(C) ------------------------- PETITIONER: --------------- K.J.JOSEPH, S/O.ULLAHANAN, KUZHIKKATTU HOUSE, THALAMATTOM KARA THOUDPUZHA VILLAGE. BY ADV. SRI.P.P.THAJUDEEN SRI.MANSOOR.B.H. RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. REVENUE DIVISIONAL OFFICER AND LAND ACQUISITION OFFICER R.D.O.OFFICE COLLECTORATE, IDUKKY. 3. DISTRICT COLLECTOR, COLLECTORATE IDUKKI. *4. THE EXECUTIVE ENGINEER PWD(R), IDUKKI (ADDL.R4 IS IMPLEADED AS PER ORDER DAED 8.7.2010 IN IA NO.9053 OF 2010) BY GOVT. PLEADER SRI. K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.6027/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. COPY OF THE AWARD PASSED BY THE 2ND RESPONDENT DT. 24.9.04 EXT.P2. COPY OF THE TREASURY RECEIPT FOR THE DISBURSEMENT OF AN AMOUNT OF 2,29,506/- DT. 11.3.2008 EXT.P3. COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN LAA NO.279/2007 DT. 27.11.2008 EXT.P4. COPY OF THE REPRESENTATION DT. 2.5.09 FILED BEFORE THE SECOND RESPONDENT. TRUE COPY PA TO JUDGE P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 6027 OF 2010 -------------------------- Dated this the 2nd day of December, 2010 J U D G M E N T The land belonging to the petitioner was acquired by the State Government for widening the Thodupuzha-Ramamangalam road. The award was passed on 26.2.2001. The petitioner received the compensation on 27.2.2001. He did not move the Land Acquisition Officer for referring the dispute regarding the quantum of compensation to the Civil Court. Later, after the neighbouring land owner moved for and obtained enhancement of compensation in LAR No.24 of 2002 on the file of Sub Court, Thodupuzha, the petitioner filed an application under section 28A of the Land Acquisition Act, 1894 seeking redetermination of the compensation. By Ext.P1 order passed on 24.9.2004, the second respondent allowed that application and redetermined the compensation as per which the petitioner was found eligible to receive a further sum of Rs.2,55,574/- (Rupees Two lakhs fifty five thousand five hundred and seventy four only) as compensation. The grievance voiced by the petitioner is that though by Ext.P1 order the second respondent had also directed payment of interest at the statutory rates with WPC No.6027/2010 2 effect from 27.2.2001, the interest on the additional compensation awarded as per Ext.P1 has not so far been disbursed. In this writ petition, the petitioner seeks a direction to the respondents to disburse interest at the statutory rates on the enhanced compensation awarded as per Ext.P1 with effect from 27.2.2001. 2. When the writ petition came up for hearing today, Sri. K.Ramesh, the learned Government Pleader submitted that respondents will take steps to quantify and disburse interest at statutory rates with effect from 27.2.2001 within three months from today. In the light of the said submission, I dispose of this writ petition with a direction to the competent authority among the respondents to disburse to the petitioner interest on the additional compensation awarded as per Ext.P1 during the period from 27.2.2001 till the date on which the amount of additional compensation was disbursed to the petitioner, expeditiously and in any event within three months from today. P.N.RAVINDRAN, (JUDGE) vps WPC No.6027/2010 3 WPC No.6027/2010 4