IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 WP(C).No. 26239 of 2008(W) -------------------------- PETITIONER: ------------ V.K.SUKUMARAN, S/O.KUTTY AGED 52, IRUPOOLUMKATTIL, OLAMATTOM, THODUPZHA.NOW RESIDING AT VATTUKULATHEL, PUTHUPARIYARAM,.P.O, CHITTOOR THODUPUZHA. BY ADV. SRI.GEORGE MATHEW SRI.SUNIL KUMAR A.G RESPONDENTS: ------------- 1.STATE OF KERALA REP.BY SECRETARY REVENUE DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2.THE DISTRICT COLLECTOR, CIVIL STATION, KUYILIMALA, IDUKKI. 3.THE REVENUE DIVISIONAL OFFICER, KUYILIMALA, IDUKKI. BY GOVT. PLEADER MR.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.26239 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 3rd September, 2008 JUDGMENT According to me, the petitioner is voicing a genuine grievance. Ext.P1 is copy of the award under Section 28A passed in his favour redetermining the compensation for his acquired property. As per Ext.P1, the redetermined amount will carry statutory interest in terms of Section 34 of the Land Acquisition Act from 19.1.2001, the date of the original award. However, while drawing cheques towards the redetermined compensation the writ petitioner is not paid interest. He submitted Exts.P3 and P3(a) representations which are now seen declined as per Ext.P4. Ext.P4 refers to Ext.P5 Government letter. As per Ext.P5 interest is not to be paid on the compensation redetermined under Section 28A(4). In this Writ Petition the petitioner challenges Exts.P4 and P5 and seeks a declaration that the petitioner is entitled for interest as awarded to him under Ext.P1 and for a writ of mandamus commanding the third respondent to release the interest due under Ext.P1. The legal position is now trite that awardees under Section 28A are entitled for interest under Section 34. This is a case wherein Ext.P1 award interest has been specifically awarded. The respondents are not entitled to contend on the basis of W.P.C.No.26239/08 - 2 - any executive order issued by the Government that the parties will not be paid interest and that too against the express terms of the award which has become final (See the judgment of this court in Kallianikutty Amma v. The Special Tahsildar (LA) [2003 (1) KLT 1014]). The result is that the Writ Petition will stand allowed. Ext.P4 is quashed. It is declared that the petitioner is entitled for the entire interest awarded to him under Ext.P1. There will be a direction to the third respondent to release the interest which is due to the petitioner under Ext.P1 on the redetermined compensation at the earliest and at any rate within three months of receiving copy of this judgment. srd PIUS C.KURIAKOSE, JUDGE