IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 WP(C).No. 11185 of 2008(F) -------------------------- LAR.49/1987 of SUB COURT,THODUPUZHA .................... PETITIONERS: ----------------------- 1. LAKSHMIKUTTY AMMA ,AGED 80 YEARS, W/O. KRISHNA PILLA AYYAPPAN PILLAI VALLUVASSERIL HOUSE, VANDAMATTOM P.O. KURUMBALAMATTOM, THODUPUZHA. 2. HARIBALAN PILLAI, AGED 59 YEARS S/O.KRISHNA PILLAI, VALLUVASSERIL HOUSE, VANDAMATTOM P.O.KURUMBALAMATTOM,THODUPUZHA. 3. SASIDHARAN PILLAI, AGED 50 YEARS S/O.KRISHNA PILLAI, VALLUVASSERIL HOUSE, VANDAMATTOM P.O.KURUMBALAMATTOM,THODUPUZHA. 4. SREEKUMARI, AGED 68 YEARS, D/O..KRISHNA PILLAI, VALLUVASSERIL HOUSE, VANDAMATTOM P.O.KURUMBALAMATTOM,THODUPUZHA. 5. RAJAN PILLAI,AGED 44 YEARS, S/O.KRISHNA PILLAI, VALLUVASSERIL HOUSE, VANDAMATTOM P.O.KURUMBALAMATTOM,THODUPUZHA. 6. THULALSI DEVI, AGED 40 YEARS, D/O.KRISHNA PILLAI, VALLUVASSERIL HOUSE, VANDAMATTOM P.O.KURUMBALAMATTOM,THODUPUZHA. BY ADV. SRI.K.K.CHANDRAN PILLAI SRI.A.S.AJUSH PAUL RESPONDENT: ------------------------ STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, IDUKKI. BY GP. SMT. R. BINDU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J = = = = = = = = = = = = = = = = W.P.(C).No. 11185 OF 2008 = = = = = = = = = = = = = Dated this the 7th day of April, 2008. = = = = = = = = == = = = = = = = = = = J U D G M E N T This writ petition is preferred with a prayer to direct the Sub Court, Todupuzha to pass immediate orders on Ext.P1 application so as to enable the petitioner to get delivery of the property covered by Ext.P6 in a Land Acquisition proceedings. Compensation was awarded to the claimant and in execution of the award the governmental property was put in auction which was purchased by the decree holder. Sale certificate issued and petition for delivery is filed and it is at this stage, the claimant wants the court to pass orders to effect delivery of the property. As usual the Government had tried its methods to avert delivery of the property and at last they had deposited an amount of Rs. 438,854/-. Legally speaking, when this stage is reached, it is submitted that if delivery is effected, it would cause hardship and as the decree amount has already deposited, delivery may not be done. On the contra, the learned counsel for the writ petitioner would submit before me that even now no notice is given for W.P.(C).No. 11185 OF 2008 2 deposit and the decree holder is totally deprived of the amount and therefore he is entitled to interest at the rate ordered by the Land Acquisition court. 2. At the outset, it is the governmental property and a portion of that is sold. So, I feel there is no necessity to direct the government to pay again stamp duty to repurchase for reason that will add only cost to the Government. When the Government wants to deposit the amount and get the sale set aside in exceptional circumstances, it has to be allowed taking into consideration of the larger public interest. The learned counsel for the writ petitioner would submit that his client should be given a reasonable interest at least in case of setting aside the sale. There is considerable force in the said contention. Therefore, this is a fit case where the amount has to be fixed. Direction can be given to deposit the balance amount and set aside the sale and in default to effect delivery of the property. After hearing both sides I feel a reasonable interest at 6% on the amount of Rs. 438,854/- for a period of four years by crystallising at Rs.1,00,000/- and also deposit Rs.37,425/- which is spent by the petitioner for purchasing stamp paper. So, the W.P.(C).No. 11185 OF 2008 3 total amount comes to Rs.5,76,279/-. Therefore I direct the Government to deposit the balance amount due that is 5,76,279/- minus Rs.4,38,854/- i.e., Rs.1,37,425/- on or before 31.5.2008. If the said amount is deposited on or before 31.5.2008 the sale will stand set aside. The decree holder would be entitled to withdraw the amount from the court. If the amount is not deposited within the time, the court will dispose of Ext.P1 application by ordering delivery of the property. The writ petition is disposed of accordingly. In case of default delivery has to be effected on or before 15.6.2008. M.N.KRISHNAN, JUDGE bkn/-