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2020 Supreme(Ker) 331

Corporation of Kochi – Appellant
Versus
Thomas John Kithu Kithu House – Respondent


Advocates Appeared:
For the Appellant : Sri. S. Sudhish Kumar
For the Respondent: Sri. T.R.S. Kumar(B/O), Sri. T.R.S. Kumar, Smt.Deepa R Menon, Sri.K.Rajan (Muhamma), Sri. T.K. Shajith, Smt.Deena Joseph, Sri. P.B. Pradeep, Sri.Surin George Ipe, Senior Government Pleader (B/O)

JUDGMENT :

S. Manikumar, J.

Challenge in this appeal is to the correctness of the judgment dated 08.08.2019 in WP(C) No. 21720 of 2019, by which the writ court, while disposing of the writ petition, observed that if the public official acts with lethargy to delay the process of execution, the court can invoke public law remedy by directing authority to provide necessary funds, directed the 2nd respondent to provide necessary funds within a time limit to enable the Land Acquisition Officer to deposit the same before the civil court.

2. Judgment dated 08.08.2019 in WP(C) No.21720 of 2019 is reproduced hereunder:

    “The petitioners are claimants in land acquisition proceedings. According to them, compensation amount was enhanced. The requisition was on behalf of the second respondent-Corporation of Kochi. It is also submitted that there is no appeal pending. However, the execution petitions filed by the petitioners are stated to be pending. The petitioners further submitted that since the second respondent failed to provide necessary funds, the Land Acquisition Officer did not deposit the enhanced compensation amount. 2. This Court in several judgments had taken the view that such compensat

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