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2022 Supreme(Ker) 1089

SHAJI P. CHALY
Kozhikode Corporation Rep. by its Secretary – Appellant
Versus
Varghese Mathew – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: P.V. Surendranath.
For the Respondents: Mathew Cherian, H. Sivaraman.

JUDGMENT :

SHAJI P. CHALY, J.

1. This writ petition is filed by the Kozhikode Corporation and its Secretary challenging Exhibit P8 order dated 15.11.2012 passed by the Ombudsman for Local Self Government Institutions, Thiruvananthapuram in O.P. No. 710 of 2011, whereby the petition filed by the first respondent herein was allowed, and the Corporation was directed to reimburse Rs. 1,12,612/- paid against enhanced compensation for the plot allotted, to the first respondent within two months from the date of order, and in case of failure to pay the same within the period above, to pay interest at the rate of 7.5% from the date of the order till realization from the Corporation.

2. Brief material facts for the disposal of the writ petition are as follows:

    The first respondent has purchased a plot bearing No. B-37 in a Jawahar Nagar Housing Scheme launched by the Corporation having an extent of Rs. 4.568 cents for a total consideration of Rs. 73,063/-. However, due to the enhancement of the compensation by the land acquisition reference court and by virtue of the provisions of the agreement of transfer and transfer deed, first respondent was compelled to pay a further amount of Rs. 1,12,612

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