KALLARACKAL RESORTS (P) LTD Vs. PRINCIPAL SECRETARY TO GOVERNMENT REVENUE DEPARTMENT GOVERNMENT OF KERALA SECRETARIAT THIRUVANANTHAPURAM

JUDGEMENT

(1.) INSPITE of the pendency of the matter for more than one year and ten adjournments right from 25/10/2011, the stand of the respondents, other than the second respondent, is yet to be made clear with regard to the disbursement of the amount sought for in respect of the land acquisition proceedings forming the subject matter of Exts.P1 and P2.

(2.) THE grievance of the petitioner as projected by the learned counsel for the petitioner is that, on one side, the petitioner is virtually prevented from enjoying the fruits of the decree passed by the reference court in land acquisition proceedings, while on the other side, they are being pressurised by the second respondent in respect of the outstanding liability under a loan transaction, by way of coercive steps as per Exts.P3 and P4. It is pertinent to note that the respondents have not filed any appeal, nor have obtained any interim order of stay with regard to the amount to be disbursed to the petitioner, pursuant to land acquisition proceedings.

(3.) CONSIDERING the above facts and circumstances, there will be a direction to the concerned respondents to disburse the amount payable to the petitioner under Exts.P1 and P2, by effecting such payment directly to the second respondent, in respect of the liability to be satisfied by the petitioner to the said respondent, as agreed upon by the learned counsel for the petitioner as well as the learned counsel for the second respondent. Payment as directed above shall be made as expeditiously as possible, at any rate within one month from the date of receipt of a copy of this judgment.