IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 WP(C).No. 15301 of 2008(V) -------------------------- PETITIONER(S): --------------- G.SARASWATHI AMMA, KARALIKUNNU PUTHEN VEEDU, PANAYAM VILLAGE, PERUMON, KOLLAM DISTRICT. BY ADV. SRI.B.SURESH KUMAR RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO THE REVENUE DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOLLAM, COLLECTORATE, KOLLAM 691 013. 3. THE SPECIAL TAHSILDAR (LA) KOLLAM, COLLECTORATE, KOLLAM 691 013. ADDL.R4. THE PERINADU VILLAGE, SERVICE CO-OPERATIVE BANK LTD. PERINADU, KOLLAM. ADDL.R4 IS SUO MOTU IMPLEADED AS PER ORDER DATED 23.5.2008). ADDL.R5. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL) KOLLAM, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATAIVE SOCIETIES (GENEAL) KOLLAM 691 013. ADDL.R6. THE INSPECTOR OF CO-OPERATIVE SOCIEITIES, PERINAD UNIT ( LIQUIDATOR, PERINAD VILLAGE SERVICE CO-OPERATAIVE BANK, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) KOLLAM 691 013. ADDL. R5 & R6 ARE IMPLEADED AS PER ORDER DATED 9/6/2008 IN I.A. NO.6923/2008). BY GOVT.PLEADER SRI.BASANT BALAJI (R1 TO R3) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON 03/10/2008 DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE,J. ------------------------ W.P.(C)No.15301 of 2008 ------------------------ Dated this the 31st day of October, 2008 JUDGMENT The grievance of the petitioner is that the compensation amount due to her as per Ext.P1 award has neither been deposited before the court, as indicated in Ext.P1, nor paid to her. The prayers in the writ petition are the following : “i). A writ of mandaus or other appropriate writ, direction or order directing the respondents to release payment of the award amount covered by Ext.P1 award with interest as expeditiously as possible. ii). A declaration that the petitioner is entitled to receive the entire amount covered by Ext.P1 award with interest.” 2. The additional respondents were impleaded in view of the stand taken by the respondents that it was in view of the claim of the additional respondents that it was decided to deposit WPC.No.15301/2008 2 the amounts before the court and initiate reference under Section 31(2). 2. The learned Government Pleader would fairly submit that though it is stated in Ext.P1 that the amount is being deposited before the court, no deposit has been made. The learned counsel for the petitioner also would place before me the answer received by his client on 28/7/2007 from the Collectorate to a question under the Right to Information Act as to whether the amount is deposited. The answer is that the amount is not deposited. Ext.P2 is a No Objection Certificate issued by the additional sixth respondent. Moreover no counter has been filed by either of the additional respondents before this court. I am of the view that it can be found safely that as matters obtain now, the petitioner is the only person entitled for the entire amount covered by Ext.P1. 3. The learned counsel for the petitioner Sri.B.Suresh Kumar pressed for the relief sought for in the writ petition i.e. payment of compensation amount with interest. I am not inclined, under these circumstances, to grant interest. Since I notice that the petitioner has already submitted Ext.P3 before the District Collector for orders regarding payment of interest on the WPC.No.15301/2008 3 amount of compensation determined under Ext.P1, I am inclined to direct the District Collector to take an early decision on Ext.P3. The Result is that the writ petition will stand disposed of issuing the following directions; i). The third respondent is directed to release the amount mentioned in Ext.P1 to the petitioner forthwith i.e at any rate within three weeks of receiving a copy of this judgment. ii). The second respondent is directed to take up Ext.P3, hear the petitioner and take a correct and just decision on Ext.P3 at the earliest and at any rate within six weeks of receiving a copy of this judgment. If the petitioner has any grievance regarding the decision taken by the District Collector, it is open to her to approach a competent Civil Court for redressal of her grievance. (PIUS.C.KURIAKOSE,JUDGE) dpk