W.P.(C) No.26129 of 2020 1 2025:KER:28425 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 26129 OF 2020 PETITIONER: C.A.JOY, AGED 48 YEARS S/O.LATE C.P.ANTONY, CHAKKIATH HOUSE, IROOR P.O., NORTH KUTHIYATHODU, NORTH PARAVUR. BY ADVS.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENTS: 1 THE DISTRICT COLLECTOR ERNAKULAM, PIN - 682 030. 2 THE SPECIAL TAHASILDAR, NH-2, ALUVA - 683 801. 3 THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT (ROADS AND BRIDGES DIVISION), ERNAKULAM, PIN - 682 011. 4 THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT(ROADS AND BRIDGES), ALUVA - 683 801. OTHER PRESENT: GP- NIMA JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.26129 of 2020 2 2025:KER:28425 VIJU ABRAHAM, J. ................................................................. W.P.(C) No.26129 of 2020 ................................................................. Dated this the 3rd day of April, 2025 JUDGMENT Petitioner has approached this Court seeking a direction to the respondents to disburse the balance award amount due to the petitioner, in respect of land comprised in survey Nos.96/6A and 96/6B and full award amount in respect of the property comprised in survey No.96/12, which is covered as per Ext.P1 deed and in respect of the property comprised in survey No.96/12, which is covered as per Ext.P2 deed, of Puthenvelikkara Village, with 18% interest from the date of acquisition till the amount is finally disbursed. 2. The petitioner’s property was acquired under DLPC scheme and an amount of Rs.3,50,000/- was fixed per cent. Even though the petitioner submitted all the documents before the respondents, no amount towards compensation was paid. Thereupon petitioner has approached this Court filing W.P.(C) No.32392 of 2016 which was disposed of as per Ext.P3 with a direction to the 1st respondent to deposit 50% of the amount due to the petitioner within a period of one month from the date of receipt of a copy of the judgment and balance 50% within one month thereafter. Petitioner would submit that no W.P.(C) No.26129 of 2020 3 2025:KER:28425 amount was paid in respect of the property comprised in survey No.96/12, covered by Ext.P1 deed and survey No.96/12, covered by Ext.P2 deed and only 80% of the award amount was paid in respect of property comprised in survey Nos.96/6A and 96/6B. It is in the said circumstance that the present writ petition has been filed. 3. A counter affidavit has been filed by the 2nd respondent wherein in paragraph 6 it is stated that the balance award amount was not released to the claimant since sufficient fund has not been released by the requisitioning authority and the amount will be released to the applicant without any delay as and when fund is provided by the requisitioning authority. It is further stated in paragraph 12 of the counter affidavit that a portion of the award amount was disbursed to the petitioner as per the direction in Ext.P3 judgment and that the amount due was not paid to the petitioner as he has not produced any document to prove the title over the property acquired and that later on the petitioner has produced the same and compensation will be paid after verification and after obtaining legal advice, subject to realisation of fund from the requisitioning authority. 4. After hearing both sides, I am of the view that there is absolutely no justification for the respondents for not having disbursed the full compensation amount to the petitioner in spite of a specific direction issued in this regard as per Ext.P3 judgment. Non-payment of W.P.(C) No.26129 of 2020 4 2025:KER:28425 the amount in full in spite of the direction in Ext.P3 is a clear violation of the direction issued by this Court to which the respondents are liable to be proceeded with. Learned Government Pleader submits that some time may be granted to pay the balance amount due. Taking into consideration the submission made by the learned Government Pleader I am not taking any steps to proceed against the respondents for non-compliance of the direction in Ext.P3 judgment. The respondents shall pay the balance compensation amount due to the petitioner without any delay, at any rate, within an outer limit of three months from the date of receipt of a copy of the judgment, after due verification of the documents, if not already done. Writ petition is disposed of as above. Sd/- VIJU ABRAHAM JUDGE cks W.P.(C) No.26129 of 2020 5 2025:KER:28425 APPENDIX OF WP(C) 26129/2020 PETITIONER COURT EXHIBITS EXHIBIT P1 TRUE COPY OF THE SETTLEMENT DEED BEARING NO.223/2000 OF CHENDAMANGALAM SUB REGISTRAR OFFICE DATED 29/01/2000. EXHIBIT P2 TRUE COPY OF THE PETITION DEED BEARING NO.2082/2017 OF CHENDAMANGALAM SUB REGISTRAR OFFICE DATED 01/08/2007. EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WP(C) NO.32392/2016 DT. 14/11/2016. EXHIBIT P4 TRUE COPY OF THE SAID REPRESENTATION DT. 30/10/2020.