State Of Kerala Represented By The vs Kumaran (Died) on 23 January, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP.No. 1102 of 2007()


1. STATE OF KERALA REPRESENTED BY THE
                      ...  Petitioner

                        Vs



1. KUMARAN (DIED), S/O.KANDAPPAN,
                       ...       Respondent

2. MADHAVI, W/O.KUMARAN (DIED),

3. GIRIJA MOHAN, D/O.KUMARAN, RESIDING AT

4. PURUSHOTHAMAN, S/O.KUMARAN, RESIDING

5. CHANDRA BOSE, S/O.KUMARAN,

6. FACT LTD., UDYOGAMANDAL.

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.E.K.NANDAKUMAR

The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :23/01/2009

 O R D E R
                       HARUN-UL-RASHID,J.
                 ---------------------------
                     C.R.P.NO.1102 OF 2007
                ----------------------------
                 DATED THIS THE 23RD DAY OF JANUARY, 2009

                             O R D E R

State of Kerala, the first judgment debtor in

LAR.No.522/94 on the file of the Additional Sub Court, North

Paravur, is the revision petitioner herein. According to the revision

petitioner, the entire amount due under the decree was paid after

deducting TDs. It is also stated that the requisitioning authority,

FACT Ltd., Udyogamandal themselves had deducted the TDs and

remitted to the account of Income Tax Department as per Chalan

No.6180 dated 11/11/06. The decree holders contended that the

Land Acquisition Officer had deducted TDs of Rs.6,910/- without

any authority and on the basis of the complaint lodged by them, the

execution court directed the Land Acquisition Officer to offer his

explanation in the matter. The report submitted by the Land

Acquisition Officer was not acceptable and the execution court

ordered deposit of an additional amount of Rs.6,910/-, which is the

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CRP.No.1102/07

amount deducted by way of TDs and deposited with the Income

Tax Department. The learned counsel for the decree holders

submitted that they are not challenging the TDs. According to

them, even after adjusting the TDs, an amount of Rs.15,000/- and

odd is due under the decree as on 19/6/2007 and therefore they

are entitled to realise the said amount.

2. In the circumstances, the revision petitioner and the

decree holders shall submit new calculation statements, if

necessary, before the execution court and the execution court

shall re-consider the matter in the light of the statements to be

filed or already filed and pass orders within a period of three

months from the date of receipt of a copy of this order. Send

back the records immediately.

C.R.P. is disposed of as above.

HARUN-UL-RASHID,
Judge.

kcv.

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