IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 13432 of 2004(Y)
1. K.S.E.BOARD,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE DISTRICT COLLECTOR, MALAPPURAM.
3. PATHECHALI ALAVI HAJI,
For Petitioner :SRI.P.SANTHALINGAM, SC, KSEB
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :04/06/2008
O R D E R
PIUS C. KURIAKOSE, J.
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W.P.(C) NO. 13432 of 2004
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Dated this the 4th day of June , 2008
JUDGMENT
This writ petition is remaining defective on the reason that the
legal heirs of the third respondent decree holder have not been served
with notice. But, on going through the impugned order, I find that the
execution court has declined the request of the petitioner K.S.E.B. for
impleadment as additional parties in the execution petition. The
learned Subordinate Judge has taken a view that though the KSEB are
the requisitioning authorities in as much as they had not been made
parties on the original side and they are not bound by the decree, it is
not proper to implead them on the execution side. The above view
cannot be said to be faulty. At the same time, going by the
averments in the writ petition, it is the properties of the Electricity
Board which are sought to be proceeded against. Moreover, as rightly
submitted by the learned Government Pleader if the execution court
ultimately finds that amounts are due as claimed in the execution
petition funds will have to be provided to the Government by the
Electricity Board. Considering all these aspects, even as I refuse to
WPC No.13432/2004 2
interfere with the impugned order, I dispose of this writ petition issuing
the following directions;
If E.P. 117/2003 is even now pending before the Execution
Court, that court will allow the K.S.E.B the requisitioning authority for
the acquisition in question to submit written arguments regarding the
entitlement of the decree holder for the amount claimed in the
execution petition and also regarding the liability of the Electricity
Board to be proceeded against for recovery of such amounts. Before
passing final orders in the Execution Petition, the arguments raised by
the Electricity Board will also be taken into account.
PIUS C. KURIAKOSE
JUDGE
dpk