IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 LA.App..No. 809 of 2006() ------------------------- LAR.419/2002 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT(S): B-RESPONDENT -------------------------- INLANDWATERWAYS AUTHORITY OF INDIA, PARAMARA SHOPPING COMPLEX, PARAMARA ROAD, KOCHI-682 018, REPRESENTED BY ITS DIRECTOR, S.DANDAPAT. BY ADV. SRI.V.SANTHARAM, SC, IWAI RESPONDENT(S): CLAIMANTS AND A-RESPONDENT ----------------------------------------- 1. VASANTHY, D/O.KUNJAN PANICKER, AREEPURATH, KUTTAMANGALAM P.O., KAINAKARY. 2. T.K.KARUNAKARAN, S/O.KUMARI, KAYYATTIN THARAYIL, KUTTAMANGALAM P.O., KAINAKKARY. 3. MANMADHAN, S/O.KARUNAKARAN, KAYYATTIN THARAYIL, KUTTAMANGALAM P.O., KAINAKARY. 4. SURESHKUMAR, S/O.KARUNAKARAN, KAYYATTIN THARAYIL, KUTTAMANGALAM P.O., KAINAKARY. 5. BAHULEYAN, S/O.KARUNAKARAN, KAYYATTIN THARAYIL, KUTTAMANGALAM P.O., KAINAKKARY. 6. THILAKAMMA, D/O.KARUNAKARAN, KAYYATTIN THARAYIL, KUTTAMANGALAM P.O., KAINAKKARY. 7. RAJAMMA, D/O.KARUNAKARAN, KAYYATTIN THARAYIL, KUTTAMANGALAM P.O., KAINAKARY. 8. SUDHARMA, D/O.KARUNAKARAN, KAYYATTIN THARAYIL, KUTTAMANGALAM P.O., KAINAKARY. 9. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ALAPPUZHA. ADV. SRI.J.OM PRAKASH FOR R.5 GOVT. PLEADER SMT. LATHA T.THANKAPPAN FOR R9 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/08/2009, ALONG WITH LAA NO. 829 OF 2006 ETC. THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- L.A.A.No.809 of 2006 ---------------------------------------------- Dated 7th September, 2007. O R D E R Kurian Joseph, J. Appellant submits that they had already deposited the amounts required for meeting the decree, with the Government. The interim order is dated 27.2.2007 to deposit 50% of the amount granted by the reference court. Learned Government Pleader submits that only due to want of sanction from the Government that the amount is not deposited. Once the funds are made available by the requisitioning authority and there is a direction by this Court to deposit 50% of the amount, it is not necessary to wait for further sanction from the Government. Since in similar cases, 50% of the amount deposited have already been withdrawn by the claimants, there will be a direction to the District Collector, Alappuzha to disburse 50% of the amount directed to be deposited by our order dated 27.2.2007, to the claimants in L.A.R.No.419/02 now pending before the Sub court Alappuzha, within one week. Since the execution petition is LAA NO.809/06 2 pending, there will be a direction to the execution court to record the disbursement of the amount as above. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- L.A.A. NO. OF 200 ---------------------------------------------- J U D G M E N T Dated 7th September, 2007.