IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 WP(C).No. 28360 of 2004(A) -------------------------- PETITIONER: ------------ GREATER COCHIN DEVELOPMENT AUTHORITY, KADAVANTHRA, COCHIN -20, REP.BY ITS SECRETARY. BY ADV. SRI.S.B.PREMACHANDRA PRABHU SMT.PRIYA DEVI.P SRI.JAYSON GEORGE RESPONDENTS: ------------- 1. MRS.JANET VARKEY W/O. VARKEY, RESIDING AT 23/733, TAGORE NAGAR, VAIKROLI, MUMBAI. 2. MRS.MAIZE CLARENCE, W/O. LATE MARTINE CLARENCE, RESIDING AT A/14 RASHTRA SARATHY CO-OPERATIVE HOUSING SOCIETY LTD., DEEN DAYAL NAGAR, NAVGHAR ROAD, MULANAD EAST, MUMBAI-400 081. 3. MR.WILFRED CLARENCE, S/O.LATE MARTINE CLARENCE, RESIDING AT PANCHAVALI, 79, FLAT NO.202, 2ND FLOOR, BASANT VIHAR, THANE WEST. 4. MRS.GLADYS G.THOMAS D/O. LATE MARTINE CLARENCE, RESIDING AT A/2-301, LIKUPAVAN CO-OPERATIVE HOUSING SOCIETY LTD., SMT.GLADIS ALVARIS ROAD, THANE WEST. 5. MR.EDWARD CLARENCE, S/O. LATE MARTINE CLARENCE, RESIDING AT A/14, RESHTRA SARATHY CO-OPERATIVE SOCIETY LTD., DEEN DAYAL NAGAR, NAVGHAR ROAD, MULANAD EAST, MUMBAI-400 081. WPC.No.28360/04 6. MR.DARAL CLARENCE S/O. LATE MARTINE CLARENCE, RESIDING AT 216, CHERAI, THANA (WEST) MAHARASHTRA. (RESPONDENTS NO.1 TO 6 REP.BY POWER HOLDER MR.C.P.ANTO, AGED 46, S/O.MR.CHEMBUKAVU PALU, CHEMBUKAVU HOUSE, POOTHOLE, THRICHUR-680 004). 7. STATE OF KERALA, REP.BY DISTRICT COLLECTOR ERNAKULAM. BY ADV. SRI.JIMMY JOHN VELLANIKARAN FOR R2 & 6 SRI.JIMMY JOHN VELLANIKARAN FOR R1,R3,R4 SRI.JAYAPRAKASH. R FOR R1,R3,R4 GOVT. PLEADER SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF THE DECREE IN LAR NO.434/87 DATED 28-7-89 EXT.P2 TRUE COPY OF THE DECREE IN LAA NO.320/91 DATED 4-7-02 EXT.P3 TRUE COPY OF THE E.A.NO.1111/04 IN E.P.NO.517/99 IN LAR.NO.434/87 FILED BY THE PETITIONER BEFORE THE EXECUTION COURT ON 7-9-04 EXT.P4 TRUE COPY OF THE CALCULATION STATEMENT SUBMITTED BY THE PETITIONER BEFORE THE EXECUTION COURT ALONG WITH EXT.P3 EXT.P5 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER ON CHEQUE APPLICATION OF THE DECREE HOLDERS/RESPONDENTS 1 TO 6 EXT.P6 TRUE COPY OF THE ADMITTED C.R.P.NO.248/04 PREFERRED BY THE PETITIONER FROM E.P.NO.253/99 IN LAR.NO.90/87 OF THE LAND ACQUISITION EXECUTION COURT, ERNAKULAM EXT.P7 TRUE COPY OF THE ORDER IN I.A.NO.695/04 IN C.R.P.NO.248/04 OF THIS COURT. RESPONDENT'S EXHIBITS EXT.R1(A) TRUE COPY OF THE BALANCE STATEMENT FILED BY RESPONDENTS 1 TO 6 IN E.P.NO.517/99 IN L.A.R.NO.434/87 IN SUB COURT, ERNAKULAM /True Copy/ PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.28360 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of September, 2008 JUDGMENT The prayer of the petitioner GCDA- the requisitioning authority is that while applying the principles to be adopted regarding appropriation when part payments are made towards decree debts on the land acquisition cases, the execution court has erred and has almost become inclined to allow the cheque application. 2. Sri.Jimmy John, learned counsel for the respondent decree holder would submit that the application for issuance of cheque was not allowed. He submitted that on account of the long pendency of the matter in this court, the same was closed by the court. The principles of appropriation to be applied when part payments are made towards land acquisition decree debts has been settled by the Supreme Court in Gurpreet Singh v. Union of India ( 2006(8) Supreme Court Cases 457). I therefore dispose of the writ petition directing the execution court to hear all the parties and take an early decision as to what is the correct amount due to the respondent decree WPC.No.28360/04 2 holder applying the principles laid down by the Supreme Court in Gurpreet Singh's case. Needful in compliance with the above direction will be done by the execution court within one month of receiving copy of this judgment. If an application seeking restoration/reopening of the cheque application closed/dismissed by the execution court is received, such application will be allowed by the Execution court. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.28360/04 2