S.ABDUL AZIZ Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayers in the Writ Petition (Civil) are as follows:

(2.) Heard Smt.V.Beena, learned counsel for the petitioners, Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for respondents 1 and 2 and Sri.George Abraham Pachayil, learned Standing Counsel for Pathanamthitta Municipality, appearing for respondents 3 and 4.

(3.) The petitioners are elderly senior citizens in their 80s. The 1st petitioner is aged more than 82 years. The petitioners and the mother of the 2nd petitioner, one Chinnapillai Beevi, were the owners of a total extent of 45.60 Ares of landed property included in Sy.Nos.166/2-6, 166/2-9, 167/15-2 in Pathanamthitta Village, Pathanamthitta Taluk, Pathanamthitta Revenue District. The said land was acquired for the construction of a Municipal Stadium in the year 1988 on the basis of the request of the 3rd respondent-Pathanamthitta Municipality. It appears that the land acquisition proceedings under the Land Acquisition Act, 1894, was set in motion in the year 1988 or even before that and the decree of the LAR court (Sub Court, Pathanamthitta) has been rendered as per Ext.P-1 decree dated 30.10.2002 in L.A.R.No.80/1989. Thus it is seen that the LAR case was registered in the year 1989. The complaint of the petitioners is that the entire due amounts were not paid by the 3rd respondent-Pathanamthitta Municipality and huge amounts are outstanding and without paying the entire amounts, respondents 3 and 4 are taking steps to hand over the Stadium, which has been built in the land in the possession of the petitioners, to the 2nd respondent. The petitioners have also initiated execution proceedings as E.P.No.62/2003, arising out of L.A.R.No.80/1989 on the file of the Sub court, Pathanamthitta. Ext.P-2 is the statement of accounts filed by the claimants in E.P.No.62/2003 in L.A.R.No.80/1989 on 16.9.2018 before the Sub Court, Pathanamthitta. Ext.P-3 is stated to be the proposed memorandum executed between the 2nd and 3rd respondents for handing over the Stadium. It is in the light of these factual averments that the instant Writ Petition (Civil) has been filed seeking the aforementioned reliefs.