IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 CRP.No. 20 of 2005() -------------------- AGAINST THE ORDER DATED 24/05/2004 IN EA 1149/02 IN EP 762/01 IN LAR.745/1988 of I ADDL.SUB COURT,ERNAKULAM .................... REVN. PETITIONER/JUDGMENT DEBTOR NO.1: ------------------ 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM. BY GOVERNMENT PLEADER SRI. THOMAS JOHN AMBUKEN. RESPONDENTS/DECREE HOLDER &JUDGMENT DEBTOR NO.2: ------------- 1.K.C.XAVIER, KOTTANCHERRY, KAKKANAD P.O., COCHIN-30. ADDL.R2.COCHIN EXPORT PROCESSING ZONE, KAKKANAD REPRESENTED BY ITS DEVELOPMENT COMMISSIONER. (ADDL.R2 WHO WAS THE SECOND REVISION PETITIONER IS TRANSPOSED AS ADDITIONAL SECOND RESPONDENT VIDE ORDER DATED 1.10.2007 IN I.A. NO. 2327/2007) BY ADVS. SRI.V.J.KURIAN(VALLAMATTAM) FOR R1 SRI.P.M.KUNJIMOIDEENKUTTY FOR R1 SRI.A.A.ZIYAD RAHMAN FOR R1 SRI.MOHAN C.MENON FOR R2 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 02/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID, J. -------------------------------------------- C.R.P. NO. 20 OF 2005 -------------------------------------------- Dated this the 2nd day of June, 2008 O R D E R The State of Kerala is the revision petitioner. The revision is directed against the order dated 24.5.2004 in E.A. No.1149 of 2002 in E.P. No.762 of 2001 in L.A.R. No.745 of 1988 on the file of the I Additional Sub Court, Ernakulam. The State and the second revision petitioner who is subsequently transposed as the additional second respondent are the judgment debtors in the execution petition. 2. It is contended by the learned Government Pleader appearing for the judgment debtors that the land value awarded by the Land Acquisition Officer as modified by this Court was paid to the decree holder and that no amount is due to him. The decree holder originally filed E.P. No.71 of 2000 claiming a sum of Rs.2,11,242.95. He filed a second execution petition (E.P. No.762 of 2001) claiming a sum of Rs.77,893.74. The present application, E.A. No.1149 of 2002, is filed by the decree holder seeking to realise the said sum through garnishee proceedings. It is C.R.P.NO.20/2005 2 submitted by the learned Government Pleader that the judgment debtors have raised serious objections regarding the calculation of the principal amount as well as the interest. According to them, on account of the wrong statement filed by the decree holder, an excess amount of Rs.1,74,954.33 has been paid to him. It is contended by the learned Government Pleader that the court below did not consider the serious objections filed by the judgment debtors and the entitlement of the decree holder to get interest on solatium and additional market value. According to him, though this question was specifically addressed , the court below failed to consider the same and passed a cryptic order ordering attachment of the amount claimed by the decree holder. 3. The order under revision does not show that the court below considered any of the contentions raised by the judgment debtors. It is only a two word order. In the light of the contentions and objections raised by the judgment debtors, I direct the court below to pass orders afresh after considering the respective contentions of the parties. The court below shall also call for the revised statement from both sides and work out the actual amount payable to the decree holder. The order shall be passed within a period of four months from the date of receipt of a copy of this order. C.R.P.NO.20/2005 3 The Civil Revision Petition is disposed of as above. There will be no order as to costs. (HARUN-UL-RASHID, JUDGE) sp/ C.R.P.NO.20/2005 4 HAURN-UL-RASHID, J. C.R.P. NO. 20/2005 O R D E R 2ND JUNE, 2008