IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 Ex.FA.No. 54 of 2009(D) ----------------------- AGAINST THE ORDER IN EA.883/05 IN EP.7/03 IN LAR.61/1987 OF II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANTS/JUDGEMENT DEBTOR ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, IDUKKI. 2. THE SPECIAL TAHSILDAR, LA (NH), THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.K.B.RAMANAND RESPONDENT(S): DECREE HOLDERS ----------------------------- 1. RAMACHANDRAN PILLAI, S/O.MADHAVA KURUP, CHAKKALAYIL VEEDU, KADATHOOR, THAZHAVA VILLAGE, KARUNAGAPPALLY (DIED). 2. G.SREEDEVI AMMA, W/O.RAMACHANDRAN PILLAI, CHAKKALAYIL VEEDU, KADATHOOR, THAZHAVA VILLAGE, KARUNAGAPPALLY 3. S.KRISHNAMMA, D/O.RAMACHANDRAN PILLAI, CHAKKALAYIL VEEDU, KADATHOOR, THAZHAVA VILLAGE, KARUNAGAPPALLY 4. P.RADHAKRISHNA PILLAI, S/O.RAMACHANDRAN PILLAI, CHAKKALAYIL VEEDU, KADATHOOR, THAZHAVA VILLAGE, KARUNAGAPPALLY 5. R.RAJASEKHARAN PILLAI, S/O.RAMACHANDRAN PILLAI, CHAKKALAYIL VEEDU, KADATHOOR, THAZHAVA VILLAGE, KARUNAGAPPALLY ADV. SRI.JOHN K.GEORGE FOR R2-5 THIS EXECUTION FIRST APPEAL HAVING COME UP FOR ADMISSION ON 13/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ``````````````````````````````````` Ex.F.A. No. 54 OF 2009 D ``````````````````````````````````` Dated this the 13th day of October, 2009 J U D G M E N T Joseph, J. Appellant challenges the order passed in E.A.No.883/2005 in E.P.No.7/2003 in L.A.R.No.61/1987 of the IInd Additional Sub Court, Thiruvananthapuram. The order reads as follows:- “ Decree Holder's counsel heard. The argument advanced by Additional Government Pleader is too childish. If the entire amount was deposited on 1993 why should the EP filed in 2003 is allowed to continue. This EA is baseless. EA dismissed.” 2. The case of the appellant in brief is as follows:- The appellant is the judgment debtor in E.P.No.7/2003 in L.A.R.No.61/1987. According to the appellant, the Land Acquisition Officer awarded the land value at the rate of Rs.8,015/- per Are. The reference Court enhanced the land value at Rs.40,000/- per cent. In appeal, an amount of Rs.39,61,832/- was deposited before the Sub Court on 02-03- Ex.F.A.54/2009 : 2 : 1993, which is got released by the claimant prior to the disposal of the appeal filed by the State. The High Court reduced the land value fixed by the reference court from Rs.10,62,926/- to Rs.5,31,198/-. The decree holder filed E.P.No.7/2003 claiming that there is an amount of Rs.24,26,213.19 due as per the judgment in L.A.A.No.1063/1992. The decree holder filed a statement claiming the balance compensation of Rs.28,37,730.19 up to that date. It is thereupon that the appellant State filed the present application seeking restitution of the excess amount before the Sub Court and the impugned order came to be passed. 3. We heard learned Government Pleader on behalf of the appellant and Sri.John K.George appearing for the respondents. 4. We have already extracted the order passed by the court below. In view of the nature of the contentions of the appellant, we think that it is only proper and just that the court looks into the matter and passes a speaking order. Accordingly, we set aside the impugned order and the court Ex.F.A.54/2009 : 3 : below will consider the matter afresh and pass appropriate orders. As the matter is long pending, orders will be passed with opportunity to the parties, within a period of six weeks from the date of production of a copy of this judgment. Till such time, as an order is passed in the E.A., further proceedings pursuant to the E.P. will be kept in abeyance. (K.M.JOSEPH, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) aks