IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 WA.No. 1655 of 2011() --------------------- AGAINST THE JUDGEMENT IN WPC.8490/2011 Dated 18/10/2011 .................... APPELLANT/PETITIONER ------------------------ GEORGE MATHEW, S/O.MATHEW POONOOLLIL, 14/F, LINK HIGHTS, PANAMPILLY NAGAR, KOCHI-682 036. BY ADV. SRI.P.J.MATHEW SRI.THOMAS JOHN AMBOOKEN RESPONDENTS/RESPONDENTS: --------------- 1. THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION P.O., KAKKANAD, ERNAKULAM. 3. SPECIAL TAHASILDAR, LAND ACQUISITION (RAILWAY) PERUMBAVOOR. 4. THE CHIEF ENGINEER/CONSTRUCTION, SOUTHERN RAILWAYS, ERNAKULAM JUNCTION (REQUISITIONING AUTHORITY). 5. THE SOUTHERN RAILWAYS REPRESENTED BY THE GENERAL MANAGER, PARK TOWN, SOUTHERN RAILWAYS HEAD QUARTERS, CHENNAI. G.P. SMT.MEERA FOR R1 TO R3 ADV. SRI.C.S.DIAS, SC, FOR R4 & R5 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX ANNEXURE A1: PHOTOCOPY OF STATEMENT FILED BY THE STANDING COUNSEL FOR RAILWAYS DT.21.8.2011 IN CCC NO.276/2011. ANNEXURE A2: PHOTOCOPY OF CC NO.270/2011 SHOWING THE NAME OF LAND OWNERS, DATE OF CHEQUE AMOUNT. TRUE COPY P.S. TO JUDGE C.N.RAMACHANDRAN NAIR, Ag. C.J. & P.S.GOPINATHAN, J. .................................................................... Writ Appeal No.1655 of 2011 .................................................................... Dated this the 4th day of November, 2011. JUDGMENT Ramachandran Nair, Ag. C.J. Appeal is filed against judgment of the learned Single Judge closing the W.P.(C) by recording the submission of the respondents that the amounts payable to the appellant is already sanctioned. Appellant's case is that he surrendered the title deeds for sale of the property to the Railways at agreed price two years back and even now he is not made payment by the Railways. Standing Counsel for the Railways submitted that Rs.32 crores is sanctioned for payment under the scheme and they have started payment from one end onwards. We do not think Railway is justified in delaying payment in a case where property is agreed to be sold at price agreed between the parties. This is because for the delay in payment, the Railway has not offered any interest. Secondly, if the property owners want to reinvest in land, then they will suffer heavily because the price of land is going up on a steady basis. In land acquisition proceedings besides compensation W.A. 1655/2011 2 land owners are entitled to consortium and interest. We, therefore, feel that the grievance of the appellant is quite genuine and we accordingly dispose of the Writ Appeal by modifying the judgment of the learned Single Judge as follows: There will be direction to respondents 4 and 5 to immediately take steps for verifying the extent of land surrendered with reference to the title deeds and if appellant is the proper owner offering the property for sale, to release the payment to him at the earliest and in any case within a period of three months from now. If payment is not made as above, then there will be direction to respondents 4 and 5 to return the title deeds leaving it open to the appellant to use the property for whatever purpose he needs. In the event of failure of the Railways to make payment, appellant can refuse to sell the property leaving it open to the Railways to proceed for acquisition. We feel Railways should not drag other similarly placed land owners to this court and in all cases payment should be made within a period of three months from date of surrender of title deeds after agreement of purchase between land owners and the Railways. Since we have directed Railways to make W.A. 1655/2011 3 payment, there will be direction to the appellant to execute sale deed presented by the Railways simultaneously on receipt of payment which should be paid in Account Payee Cheques or Demand Drafts. C.N.RAMACHANDRAN NAIR Acting Chief Justice P.S.GOPINATHAN Judge pms