Thomas P.C. Vs. the Conservator of Forests.

Thomas P.C. vs The Conservator of Forests.

Type Court Judgment Court Kerala Decided Jun 16, 2010

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Citation: sooperkanoon.com/916911
Court: Kerala High Court
Judge: Antony Dominic, J.
Decided On: Jun 16, 2010
Case Number: WP(C).No. 5632 of 2010(D)
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

[MR. JUSTICE B.S. PATIL, J.] This MFA is filed U/S 173(1) of MV Act. against the Judgment and Award dated: 29/1 1/2006 passed in MVC No. 4382/2004 on the file of the XI Additional Judge. Court of Small Causes. Member. MACT, Metropolitan Area. Bangalore. (SCCH-12), partly allowing the claim petition for compensation ...

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Thomas P.C.

Advocate SRI.AUGUSTINE JOSEPH, Adv.

Respondent

The Conservator of Forests.

Excerpt

[mr. justice b.s. patil, j.] this mfa is filed u/s 173(1) of mv act. against the judgment and award dated: 29/1 1/2006 passed in mvc no. 4382/2004 on the file of the xi additional judge. court of small causes. member. mact, metropolitan area. bangalore. (scch-12), partly allowing the claim petition for compensation and seeking enhancement of compensation with 12% interest.1. petitioner retired from service on 31.7.2007 as forester. non disbursement of dcrg and dues under the family benefit scheme is what is complained of. 2. learned government pleader has obtained instruction in the matter and submits that there are two ors pending against the petitioner. it is stated that in relation to o.r.no.27/2001 report has been submitted exonerating the petitioner. it is also stated that in respect of o.r.no.28/2010, liability fixed is only of rs.1400/-. according to the government pleader this liability has been fixed by order dated 2.12.2008. 3. it that be so, there is no reason why the entire amount due to the petitioner shall be withheld. 4. accordingly, the writ petition is disposed of directing the respondents to disburse the amounts due to the petitioner towards his dcrg and dues under the family benefits scheme, after deducting rs.1400/- being the liability fixed. this shall be done as expeditiously as possible and at any rate within 3 weeks from the date of production of a copy of the judgment.

Full Judgment

1. Petitioner retired from service on 31.7.2007 as Forester. Non disbursement of DCRG and dues under the family benefit scheme is what is complained of.

2. Learned Government Pleader has obtained instruction in the matter and submits that there are two ORS pending against the petitioner. It is stated that in relation to O.R.No.27/2001 report has been submitted exonerating the petitioner. It is also stated that in respect of O.R.No.28/2010, liability fixed is only of Rs.1400/-. According to the Government Pleader this liability has been fixed by order dated 2.12.2008.

3. It that be so, there is no reason why the entire amount due to the petitioner shall be withheld.

4. Accordingly, the writ petition is disposed of directing the respondents to disburse the amounts due to the petitioner towards his DCRG and dues under the family benefits scheme, after deducting Rs.1400/- being the liability fixed. This shall be done as expeditiously as possible and at any rate within 3 weeks from the date of production of a copy of the judgment.

Same Court & Year Kerala · 2010 Same Parties Thomas P.C. vs The Conservator of Forests. Same Subject Land Acquisition Same Judge Antony Dominic, J.

Land Acquisition