High Court Kerala High Court

The Secretary vs State Oof Kerala on 31 March, 2009

Kerala High Court
The Secretary vs State Oof Kerala on 31 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 57 of 2009()


1. THE SECRETARY, KURUMULLOOR WEST
                      ...  Petitioner

                        Vs



1. STATE OOF KERALA, REPRESENTED
                       ...       Respondent

2. THE PRESIDENT, VEDAGIRI DEVASWOM,

3. THE ADMINISTRATIVE OFFICER,

4. THE SECRETARY, N.S.S.KARAYOGAM NO.153,

5. K.P.NEELAKANDA PILLAI,

                For Petitioner  :SRI.MATHEW PHILIP EDAPPALLIL

                For Respondent  :SRI.T.RAMPRASAD UNNI

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :31/03/2009

 O R D E R
          PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
                      ------------------------
                     L.A.A.No. 57 OF 2009
                      ------------------------

             Dated this the 31st day of March, 2009


                           JUDGMENT

Pius C.Kuriakose, J.

Heard Sri.Mathew Philip, learned counsel for the appellant

and Sri.K. Ramkumar, learned senior counsel for the second

respondent.

2. Sri.Mathew Philip, learned counsel for the appellant

submitted that only 1/4th of the total amount, which was under

deposit with the reference court, is presently retained by that

court and the balance 3/4th is already released to the 2nd

respondent. The learned counsel submitted that the learned Sub

Judge was not justified in observing that the release of balance

1/4th to the appellant will be subject to the outcome of the suit

(O.S.94/2006) pending before that court. According to the

learned counsel, the said observation is likely to cause prejudice

to the appellant in O.S.No.94/2006, the trial of which is yet to be

started.

L.A.A.No.57/2008 2

3. We do not think that the apprehension of the learned

counsel is well founded. By observing that the release of the

amount will be subject to the result of O.S.No.94/2006 it has

been actually made clear by the learned Subordinate Judge that

the question regarding the appellant’s entitlement to the 1/4th is

to be decided by the civil court itself. We also clarify that the

above observation in the impugned judgment will not cause any

prejudice to the interest of the appellant or the other parties in

O.S.94/2006 and that the learned Sub Judge will decide

O.S.No.94/2006 on the basis of the evidence which comes on

record before that court.

4. We have, while admitting this appeal, passed an interim

order directing the Subordinate Judge to retain atleast 1/4th of

the total amount under deposit in the CCD itself and not to

release that portion to anybody until further orders. In

modification of that order, there will be a direction to the

Subordinate Judge to transfer that amount to a Nationalized

Bank having Branch at Kottayam and keep the same as Fixed

Deposit in the name of the court so that once the Subordinate

L.A.A.No.57/2008 3

Judge decides O.S.No.94/2006, the successful party will get

interest also.

PIUS.C.KURIAKOSE,JUDGE

C.K.ABDUL REHIM, JUDGE
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