IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 WP(C).No. 1477 of 2009(A) ------------------------- PETITIONER(S): --------------- GRACY THOMAS W/O.THOMAS MATHEW PANAMTHOTTATHIL HOUSE, PAZHAVANGADY, RANNI PATHANAMTHITTA DISTRICT. BY ADV. SRI.ARUN.B.VARGHESE SRI.G.M.IDICULAY RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR PATHANAMTHITTA. 2. RANNI PAZHAVANGADI GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY RANNI, PATHANAMTHITTA DISTRICT. ADV. SRI.C.RAGHAVAN FOR R2 GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.1477 of 2009 ================== Dated this the 16th day of March, 2009 J U D G M E N T On the request of the 2nd respondent Panchayat, certain property belonging to the petitioner has been acquired as early as in 1987 and enhanced compensation has been awarded by the Sub Court in 1998. Yet the petitioner is yet to receive that amount. Although E.P. is pending before the Sub Court, in view of the long delay in payment of compensation amount, I wanted the respondents to inform this Court as to why the respondents should not be directed to pay the amount without further delay. The only contention of the 2nd respondent Panchayat is that they are in financial difficulties and therefore, they cannot raise the amount required for payment of compensation. The 2nd respondent offers to pay the amount due in instalments. 2. I have heard the learned counsel for the petitioner, the learned Government Pleader and the learned counsel for the Panchayat. 3. After hearing all parties, I dispose of this writ petition with the following directions: The 2nd respondent shall deposit an amount of Rs.5 lakhs before the 1st respondent, within one week from today. The balance amount shall be deposited by the 2nd respondent before the 1st respondent in 2 ten equal monthly instalments starting from 1.4.2009. Every subsequent instalment shall be deposited on the first working day of every succeeding month. As and when the amounts are deposited, the same shall be disbursed to the petitioner, by the 1st respondent. If the 2nd respondent fails to pay any of the instalments on the due dates, the 1st respondent shall take immediate action against the 2nd respondent to recover the amount from the 2nd respondent in a lump sum and to pay the same to the petitioner. If the 1st respondent is unable to recover the same, in so far as the 1st respondent is the authority who acquired the land, shall pay the amount to the petitioner without prejudice to the right of the petitioner to recover the same from the 2nd respondent by taking appropriate coercive steps. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge