IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 WP(C).No. 25147 of 2010(P) ---------------------------------------- PETITIONER(S): ----------------------- 1. JOSEPH, NETTUKATTIL HOUSE, THODUPUZHA. 2. SR.SANTHA, MOTHER SUPERIOR, CLARA CONVENT, THODUPUZHA. 3. JOSE, PULIMOOTTIL HOUSE, KOLANI, THODUPUZHA. 4. T.C. JACOB @ CHACKO, THAZHATHUPARAMBIL, THODUPUZHA. BY ADV. SRI.S.ANANTHAKRISHNAN, SRI.N.K.SUBRAMANIAN. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP. BY SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DISTRICT COLLECTOR, IDUKKI, PIN-685 602. 3. THE REVENUE DIVISIONAL OFFICER, (LAND ACQUISITION OFFICER), IDUKKI, PIN-685 602. 4. EXECUTIVE ENGINEER, PWD ROADS DIVISION, IDUKKI, PIN-685 602. R1 TO R4 BY GOVT. PLEADER MR.K. RAMESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C) NO. 25147/2010-P APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPLICATION OF 1ST PETITIONER. EXT.P2: COPY OF THE APPLICATION OF 2ND PETITIONER. EXT.P3: COPY OF THE APPLICATION OF 3RD PETITIONER. EXT.P4: COPY OF THE APPLICATION OF 4TH PETITIONER. EXT.P5: COPY OF THE ORDER IN FAVOUR OF 1ST PETITIONER. EXT.P6: COPY OF THE ORDER IN FAVOUR OF 2ND PETITIONER. EXT.P7: COPY OF THE ORDER IN FAVOUR OF 3RD PETITIONER. EXT.P8: COPY OF THE ORDER IN FAVOUR OF 4TH PETITIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 25147 OF 2010 -------------------------- Dated this the 23rd day of December, 2010 J U D G M E N T The petitioners are land owners. The land belonging to them were acquired pursuant to a notification issued under the Land Acquisition Act, 1894. The petitioners did not object to the quantum of compensation awarded by the Land Acquisition Officer till the owner of another parcel of land which was acquired under the very same notification moved for referring the dispute regarding the quantum of compensation to the Sub Court, Thodupuzha where it was taken on file and numbered as LAR No.1 of 2004. Pursuant to the award passed in LAR No.1 of 2004, the petitioners moved the Land Acquisition Officer for redetermination of the compensation by submitting Exts.P1 to P4 applications. By Exts.P5 to P8 orders dated 31.5.2010, the Land Acquisition Officer redetermined the compensation. Besides increasing the land value, the Land Acquisition Officer also directed payment of consortium and interest calculated at the statutory rates for the period ending with 31.5.2010. The grievance voiced by the petitioners is that, till date, payment of the enhanced compensation granted as per Exts.P5 to P8 orders has not been made. In this writ petition, the petitioners seek expeditious payment of the redetermined compensation. 2. When the writ petition came up for hearing today, Sri. K.Ramesh, the learned Govt. Pleader appearing for the respondents WPC No.25147/2010 2 submitted that the respondents will pay over the redetermined compensation to the petitioners within six weeks from today. The learned counsel for the petitioners submitted that the interest for the period from 1.6.2010 is also due. A mere reading of Exts.P5 to P8 orders discloses that the Land Acquisition Officer has computed interest only up to 31.5.2010. Since the money has not been paid so far, the petitioners are entitled to interest thereafter also till it is tendered to them. I accordingly dispose of this writ petition with a direction to the competent authority among the respondents to pay over the amounts covered by Exts.P5 to P8 orders together with interest at the statutory rates for the period from 1.6.2010 till payment, expeditiously and in any event within six weeks from today. The petitioners shall, in order to enable the respondents to comply with the above directions, produce a certified copy of this judgment before the Land Acquisition Officer. P.N.RAVINDRAN, (JUDGE) vps WPC No.25147/2010 3 WPC No.25147/2010 4