IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 3^RD DAY OF JUNE 2024 / 13TH JYAISHTA, 1946 WP(C) NO. 14102 OF 2014 PETITIONERS:

1 T.ROSE CHANDRAN(DIED), AGED 56 YEARS S/O.TITUS, RESIDING AT PERUMNJAZHI NADATHU VEEDU,VILAVOORKAL VILLAGE, EDAKODE DESOM, NEYYATTINKARA (LEGAL HEIRS IMPLEADED AS ADDL.

PETITIONERS 2 TO 4).

2 ADDL.P2.FREEDA ANLET, AGED 57 YEARS W/O. LATE ROSE CHANDRAN, ROSE BHAWAN, MALAYAM DESOM, VILAVOORKKAL, THIRUVANANTHAPURAM DISTRICT.

3 ADDL.P3. R.F.JEEJA, AGED 33 YEARS D/O. LATE ROSE CHANDRAN, DI BHAVAN, KOOVALASSERI MOOLAKKONAM DESOM, MARANELLOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT.

4 ADDL.P4. JITHIN ROSE, AGED 27 YEARS SON OF LATE ROSE CHANDRAN, RESIDING AT ROSE BHAWAN, MALAYAM DESOM, VILAVOORKKAL, THIRUVANANTHAPURAM DISTRICT. (DEATH OF ORIGINAL PETITIONER IS RECORDED AND LEGAL HEIRS ARE IMPLEADED AS ADDL. PETITIONERS 2 TO 4 AS PER ORDER DATED 05-08-2021 IN IA 1/2021.

BY ADV. P.C.HARIDAS RESPONDENTS:

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM-695001

2 DISTRICT COLLECTOR COLLECTORATE, KUDAPPANAKUNNU, TRIVANDRUM-695043

3 DEPUTY COLLECTORLA, TRIVANDRUM-695043 BY ADV.

SRI.B.S.SYAMANTAK, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J.

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W.P.(C) No. 14102 of 2014 ------------------------------------------------------

Dated this the 03rd day of June, 2024

JUDGMENT

This writ petition is filed challenging Ext.P5 order.

The main grievance of the petitioner is that, there is non payment of interest from the date of reference till date of deposit in execution as contemplated under Section 30 and 34 of the Land Acquisition Act.

2. The learned Government Pleader submitted that certain amount is deposited before the execution court. I don't want to make any observation about the same. If the full amount is not received including the interest, the petitioner has got other remedy. The petitioner is free to agitate the same separately. This Writ petition filed under Article 226 of the Constitution of India need not be entertained against the same.

Granting liberty to the petitioner to do the needful in accordance with law, this Writ petition is closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM APPENDIX OF WP(C) 14102/2014 PETITIONER EXHIBITS P1:-TRUE COPY OF THE JUDGMENT DTD 12/2/2007 IN LAR 19 OF 1993 ON THE FILE OF THE SUBORDINATE JUDGE'S COURT, NEYYATTINKARA P2:-TRUE COPY OF THE COMMON JUDGMENT DTD 25/8/2006 IN LAA 781 OF 1999 AND OTHERS P3:-TRUE COPY OF THE EP 62 OF 2008 FILED BEFORE THE SUBORDINATE JUDG'S COURT, NEYYATTINKARA P4:-TRUE COPY OF THE COMMON OBJECTION FILED BY THE PETITIONER TO THE LA AS WELL AS THE EP FILED BY THE FIRST RESPONDENT DTD 9/10/2009 IN LAR NO 19 OF 1993 ON THE FILE OF THE SUBORDINATE JUDG'S COUIRT NEYYATTINKARA P5:-TRUE COPY OF THE ORDER DTD 20/2/2010 IN EP 62 OF 2008 IN LAR.19 OF 1993 OF THE SUBORDINATE JUDGES COIURT, NEYYATTINKARA RESPONDENTS EXHIBITS: NIL //TRUE COPY//

PA TO JUDGE