IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 WP(C).No. 13432 of 2004(Y) -------------------------- AGAINST THE ORDER IN EP 117/03 IN LAR.20/1992 of SUB COURT, MANJERI .................... PETITIONER: ------------ K.S.E.BOARD, REP. BY DEPUTY CHIEF ENGINEER, TRANSMISSION CIRCLE, MALAPPURAM. BY ADV. SRI.P.SANTHALINGAM, SC, KSEB SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, MALAPPURAM. 3. PATHECHALI ALAVI HAJI, S/O. MAMMEDKUTTY, MUNDAMBRA, AREACODE. BY G.P. SRI.BASAN BALAJI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.13432/2004 APPENDIX PETITIONER'S EXHIBITS; EXT.P1; COPY OF THE ORDER IN EXUECTION APPLICATIN NO.450/2003 IN E.P. NO.117/2003 IN L.A.R. NO.20/1992 DATED 23.1.2004 IN THE SUBORDINATE JUDGE OF MANJERI. EXT.P2; COPY OF THE ITNERIM STAY ORDER IN 11386/2004 DATED 6.4.2004 BEFORE THE HON'BLE HIGH COURT, ERNAKULAM. /TRUE COPY/ P.A. TO JUDGE. PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 13432 of 2004 ---------------------------------- 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