IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 WP(C).No. 4343 of 2011(P) ------------------------------------ PETITIONER(S): ---------------------- JOSEPH, BENET, S/O.JOSEPH, AGED 85 YEARS, RESIDING AT GRACE COTTAGE, MALAYAM, PALLICHAL VILLAGE, MELAYAM, NEYYATTINKARA. BY ADVS. SRI.L.MOHANAN SMT.LIGEY ANTONY RESPONDENT(S): -------------------------- STATE OF KREALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.MUHAMMED SHAFI .M. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.4343/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE JUDGMENT DTD. 12.2.2007. P2:- COPY OF THE DECREE DTD. 12.2.2007. P3:- COPY OF THE E.P.FILED BY THE PETITIONERS AND OTHERS. P4:- COPY OF THE ORDER DTD. 30.8.2010 IN EP. 107/2008. RESPONDENT'S EXHIBITS TRUE COPY P.S. TO JUDGE tss HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 4343 OF 2011 ------------------------------- DATED THIS THE 20TH DAY OF JULY, 2011 JUDGMENT The prayer in the writ petition is for a direction to the respondent to pay the statutory benefits under the Land Acquisition Act to the claimants in LAR No.19/93 on the file of the Sub Court, Neyyattinkara. 2. Ext.P1 and P2 are the judgment and decree in LAR.No.19/93. The reference court ordered apportionment of the share of each claimant. It is the case of the petitioner that though Ext.P2 decree was passed, it was found later that the amount was not deposited. Thereupon, one of the claimants filed WP(C). No.19668/97 before this Court for a direction to the respondent to deposit the amount in court. Ultimately, the amount was deposited on 15/2/2008. The claimants filed execution petitions claiming interest for the belated period of payment. E.P.No.107/2008 is the execution petition filed by the petitioner. The execution court -2- W.P.(C).No.4343/2011 passed Ext.P4 order directing to pay interest for the belated period of payment. The learned Sub Judge found that the amount was not deposited by the judgment debtor in time and it was deposited only after filing writ petition before this Court. Hence, the decree holder is entitled to claim interest. The court below postponed the EP for payment to 20/9/2010. Petitioner submits that in spite of Ext.P4 order passed as early as on 30/8/2010, the respondent has not chosen to pay the amount due to the petitioner till date. According to the petitioner, there is no justification for the respondent for not depositing the amount in court within a reasonable period from the date of Ext.P4 order. In these circumstances, the petitioner approached this Court for a direction to the respondent to pay the amount ordered to be paid as per Ext.P4 at the earliest. 3. Ext.P3 execution petition is pending consideration before the Sub Court, Neyyattinkara. LAR cases were disposed of on 12/2/2007. The trial court passed a decree and judgment calculating the amount payable to the claimants and allowing -3- W.P.(C).No.4343/2011 apportionment of the amount. According to the petitioner, the award amount was deposited on 15/2/2008, after a period of 20 years. Further Ext.P4 order was passed by the court below directing payment of interest for the belated period of payment. The petitioner and other claimants are aggrieved by the inaction on the part of the respondent in not depositing the amount in court and they filed different execution petitions. In the above circumstances, there is no justification for the respondent to delay the payment due to the petitioner and others. In these circumstances, the only relief that can be extended to the petitioner is to direct the learned Sub Judge to expedite the execution proceedings. Accordingly, the learned Sub Judge, Neyyattinkara is directed to expedite the proceedings in E.P.No.107/2008 in LAR.No.19/93. Writ Petition is disposed of as above. Sd/- HARUN-UL-RASHID,