IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 OP(C).No. 1534 of 2011(O) ------------------------- LAR.10/2000 of SUB COURT, MANJERI .................... PETITIONER ---------------- T.K.RADHA, W/O.M.K.JANARDHANAN, KANNATH HOUSE, KIDANGIL ROAD, PERINTHALMANNA P.O., MALAPPURAM DISTRICT (CLAIMANT IN THE L.A.R.NO.10 OF 2000). BY ADV. SRI.U.K.DEVIDAS RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, MALAPPURAM. BY G.P.SRI.T.K.SAJEEV THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 1534 of 2011(O) PETITIONER'S EXTS: EXT.P1: COPY OF JUDGMENT IN LAA NO.1094/2008 DTD.23.9.09. EXT.P2: COPY OF JUDGMENT IN LAA NO.1107/2007 DTD.23.9.09 EXT.P3: COPY OF JUDGMENT IN LAA NO.844/2007 DTD.23.9.09 EXT.P4: COPY OF EXECUTION PETITION NO.48 OF 2007 IN LAR NO.10 OF 2000 OF SUB COURT, MANJERI. RESPONDENT'S EXTS: NIL /TRUE COPY/ P.A.TO JUDGE K.T.SANKARAN, J. ---------------------------------- O.P(C)No.1534 OF 2011 ---------------------------------- Dated this the 1st day of July, 2011 JUDGMENT The petitioner is the claimant in LAA No.10 of 2000 on the file of the Court of the Subordinate Judge of Manjeri. The State filed LAA No.1107 of 2007 challenging the judgment of the reference court. The Land Acquisition Appeal was dismissed by the judgment dated 23.9.2009. 2. The petitioner filed E.P.No.48 of 2007 to execute the award in his favour. A total sum of `11,55,683.88/- is claimed in the Execution Petition. The Execution Petition is pending. 3. The reliefs prayed for by the petitioner in the Original Petition are the following: “i) a writ of mandamus or any other writ order or direction to the lower court that allow the compensation to the petitioner at the revised rate O.P(C)No.1534 OF 2011 2 of `26,730/- per cent and directed to the lower court to release the amount, which is already deposited by the respondent in the L.A.R.No.10 of 2000 on the files of the Honourable Sub Court, Manjeri. ii) such other reliefs as this Hon'ble Court deems fit to grant in the nature of this case.” 4. The first part of the prayer is made on the basis that in a connected land acquisition case a larger amount was granted as compensation. The petitioner is not entitled to claim the first part of the relief No.(i). Therefore, that prayer is rejected. It is submitted that as a condition for stay in the Land Acquisition Appeal, the respondent deposited 50% of the award amount and that is lying in deposit. The petitioner prays that the court below may be directed to release the said amount to the petitioner. There cannot be any objection for the same. If the amount is in deposit, the Executing Court shall release the said amount to the petitioner. O.P(C)No.1534 OF 2011 3 Accordingly, the Original Petition is partly allowed directing the Sub Court, Manjeri to release to the petitioner the amount deposited by the respondent in LAR No.10 of 2000, as a condition for stay granted in LAA No.1107 of 2007. K.T.SANKARAN, JUDGE. cms