LAWS(KER)-2022-8-48

ANANTHA KAMATH Vs. DISTRICT COLLECTOR, KASARGOD, CIVIL STATION

Decided On August 03, 2022
Anantha Kamath Appellant
V/S
District Collector, Kasargod, Civil Station Respondents

JUDGEMENT

(1.) When the case is taken up today, it is submitted by the petitioner that the amount as per the award has been received by the petitioner and that the petitioner has already preferred Ext.P22 appeal before the Arbitrator, who is the 1st respondent in this writ petition regarding his grievances on the award. The standing counsel on instructions submitted that no portion of the building is sought to be acquired and only a portion of the compound measuring 150 sq.mts is to be acquired. The petitioner has a case that even though it is stated that 150 sq.mts. alone is being acquired, the actual extent that is being acquired is something more than that. That is also an aspect which can be raised by the petitioner before the 1st respondent by filing additional pleadings, if required. The petitioner is permitted to do so.

(2.) The writ petition is disposed of directing the 1st respondent to consider and pass orders on Ext.P22 after hearing the petitioner at the earliest, at any rate, within six months from the date of receipt of a copy of this judgment. The petitioner may submit additional pleadings and grounds, if required within 10 days from today. Along with the additional pleadings, the petitioner may also move application under Sec. 17 of the Arbitration and Conciliation Act, 1996 for any interlocutory reliefs and the same shall be considered by the 1st respondent within 10 days therefrom. A copy of this judgment along with a copy of the writ petition may be made available before the 1st respondent for compliance.