IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 WP(C).No. 32741 of 2008(W) -------------------------- PETITIONER: --------------- JAYASREE V, MURUGAVILASAM, ANAYARA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. 3. THE DEPUTY COLLECTOR,(LA) COLLECTORATE, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER ADV. MR. T.K. ARAVINDAKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32741 of 2008(W) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : A TRUE PHOTOCOPY OF THE NOTICE DATED 12.03.2007 ISSUED BY THE 3RD RESPONDENT. EXT.P2 : A TRUE PHOTOCOPY OF THE JUDGMENT IN W.P.(C) NO.14768/2004 AND CONNECTED CASE NO.W.P.(C) 7629/2008 EXT.P3 : THE TRUE PHOTOCOPY OF THE RESPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P4 : THE TRUE PHOTOCOPY OF THE REPRESENTATION DATED 15.07.2008 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P5 : THE TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY THE 3RD R ESPONDENT IN RESPECT OF THE PAYMENT OF AMOUNT DUE TO THE PETITI0NER. EXT.P6 : THE TRUE PHOTOCOPY OF THE REPRESENTATION DATED 19.08.2008 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No.32741 OF 2008 ......................................................................... Dated this the 24th May , 2011 J U D G M E N T The petitioner has approached this Court seeking for a direction to grant interest in respect of the compensation of Rs.2,54,117/- at the rate of 15% per annum, in view of alleged belated disbursement of the due amount under the Award passed in connection with the acquisition of the property of the petitioner. The sequence of events is as follows: 2. The property of the petitioner in the concerned survey number of Vanchiyoor village was sought to be acquired for widening the road, issuing necessary notification under Section 4 (1) of the Land Acquisition Act. Pursuant to further steps, as contemplated under the Statute, Award was passed on 24.02.2007 and the possession was stated as taken over on 28.03.2007. It is conceded from the part of the petitioner that there was some litigation pending before this Court as to the acquisition of the property, which culminated in Ext. P2 judgment in W.P(C) Nos.14768 of 2004 and 7629 of 2008. It is the case W.P.(C) No.32741 OF 2008 2 of the petitioner that the amount due under the Award was actually disbursed to the petitioner only much belatedly, which did not bear any interest and as such, the petitioner is entitled to have interest, as provided under the Statute. Though Ext. P6 representation has been preferred before the concerned authorities in this regard, it did not yield any positive result, which made the petitioner to approach this Court with the present writ petition. 3. The respondents have filed a counter affidavit explaining the facts and figures and asserting that there is absolutely no delay on the part of the respondents in disbursing the award amount. It is brought to the notice of this Court by the learned Govt. Pleader that the case put forth by the petitioner, that possession was taken over much earlier is not correct, as discernible from Ext. P2 judgment itself. In fact, the property acquired was utilised for construction of a 'fly-over' at the relevant spot and eligible compensation was deposited before the concerned Treasury as early as on 28.02.2007 itself, as borne by Ext. P5 receipt. However, the proceedings were finalised only W.P.(C) No.32741 OF 2008 3 as per Ext.P2 judgment by this Court on 27.03.2008. Physical possession was taken over only on 18.08.2008 and the amount due to the petitioner was disbursed on 21.08.2008 (which was deposited 1 ½ years' back, i.e. on 28.02.2007). As such, there is no delay or lapses on the part of the respondents in any manner, so as to be mulcted with the liability to pay interest under the statute., submits the learned Govt. Pleader. 4. After hearing both the sides, this Court finds that the petitioner was very much aware of the proceedings pending before this Court in W.P.(C)No.14768 of 2004, as the petitioner was got impleaded as the Addl.11th respondent as per the order dated 06.09.2007 in I.A.No. 6729 of 2007. It is conceded by the petitioner in paragraph 2 of the writ petition that, after getting impleaded in the party array, the petitioner had made a specific prayer before this Court in the said matter, that the amount already in deposit might be disbursed to the petitioner with immediate effect. The fact remains that no interim order or any direction in this regard was passed by this Court during the pendency of the above proceedings or at the time of finalization W.P.(C) No.32741 OF 2008 4 of the matter by passing Ext.P2 judgment. The judgment itself says as to the manner in which the matter has to be dealt with, wherein it was specifically directed in paragraph 3 that the respondents shall not take possession of the disputed land without acquiring land from the southern side of the proposed Railway Over Bridge. Even though the property of the petitioner was situated on the northern side and covered by the Award, in view of the direction given by this Court, the matter could be finalised by the concerned respondents only as directed by this Court vide Ext. P2 judgment. It was accordingly, that the proceedings were finalised and the possession was taken over by the concerned respondents on 18.08.2008 as pointed out before this Court, causing the compensation to be disbursed within three days thereafter. This being the position, there is absolutely no delay on the part of the respondents in paying the compensation due to the petitioner. 5. Yet another aspect to be considered is that an interim order of stay stated as passed by this Court, was cleared only by passing Ext. P2 judgment giving appropriate directions as W.P.(C) No.32741 OF 2008 5 mentioned already. By virtue of the interim order passed by this Court and pendency of the writ petition before this Court, the amount already deposited by the respondents on 28.02.2007, actually came to the hands of the petitioner, after taking possession on 18.08.2008, on 21.08.2008. If at all any hardship was caused to the petitioner by virtue of the interim order passed by this Court, the respondent State is in no way liable to compensate for the same, as the position is taken care of by the principle behind the maxim ”Actus Curiae neminem gravabit”, which means, an act of the Court shall prejudice no man. On this score alone, no liability can be fastened on the respondents, so as to compel them to pay interest in respect of the alleged delay. In the above facts and circumstances, this Court finds that the writ petition is devoid of any merit and the same is dismissed accordingly. P.R. RAMACHANDRA MENON, JUDGE. lk