IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP No. 1098 of 2005()
1. STATE OF KERALA, REP. BY DISTRICT
... Petitioner
Vs
1. NALINI, D/O.LATE RAGHAVAPANICKER,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.M.RAVIKUMAR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :16/01/2007
O R D E R
M.SASIDHARAN NAMBIAR,J.
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C.R.P.NO.1098 OF 2005
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DATED THIS THE 16th DAY OF JANUARY, 2007
ORDER
The State is challenging the order passed by first Addl. Sub
Court, Ernakulam, executing the award in L.A.R.282/1981, fixing the
liability due to respondent claimant as per order dated, 8.11.04. The
order reads:
“As on 30.9.2004 liability is fixed at Rs.1,13,854/-. Attach and
report to 11.2.2005”.
2. The case of Government was that the amount fixed by Sub
Judge was not correct and State had already deposited Rs.39,260.08/-
on 28.7.1986 and this amount was not accounted by learned Sub
Judge and therefore the order is to be set aside.
3. The impugned order does not show how the liability was
fixed at Rs.1,13,854/-. It does not show what was the land value,
solatium and the interest payable and how much was deposited and
what was the balance due. In such circumstances, the impugned
order passed by learned Sub Judge is set aside. E.A. 33/04 is remitted
back to learned Sub Judge to consider the question afresh and pass
C.R.P.1098/05 2
appropriate order in accordance with law.
M.SASIDHARAN NAMBIAR,JUDGE
Acd