IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 WP(C).No. 19230 of 2010(C) -------------------------- AGAINST THE ORDER DATED / / IN IA 163/2009 IN LAR.24/2007 of II ADDL.SUB COURT,THRISSUR .................... PETITIONER(S): --------------- 1. BABU HARILAL, C/O.BALAKRISHNAN, HARILAL NIVAS, PRESS CLUB ROAD, NAIKKANAL, THRISSUR. 2. SUJATHA,W/O. BABU HARILAL, HARILAL NIVAS, PRESS CLUB ROAD, NAIKKANAL, THRISSUR. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): --------------- 1. RAJ MOHAN, S/O.LATE P.C.DAMODHARAN, PAVITTAPURATH HOUSE, PAZHANJI P.O., THRISSUR DISTRICT. -680028. 2. SPECIAL TAHSILDAR (L.A) GURUVAYOOR. GOVERNMENT PLEADER FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 19230of 2010 APPENDIX EXT.P1 -TRUE COPY OF THE JUDGMENT DATED 29.7.200 OF THE IIND ADDITIONAL sUB COURT THRISSUR. EXT.P2 – TRUE COPY OF THE I.A. NO. 4909/07 IN LAR NO. 24/2007 BEFOR ETHE IIND ADDITIONAL SUB COURT, THRISSUR. EXT.P3- TRUE COPY OF THE I.A. NO. 163/09 IN LAR NO. 24/2007 BEFORE THE IND ADDITIONAL SUB COURT THRISSUR. EXT.P4- TRUE COPY OF THE COUNTER IN I.A. NO. 163/09 IN LAR NO. 24/2007. EXT.P5- TRUE COPY OF THE ORDER DATED 3.12.2009 IN I.A. NO. 163/09 IN LAR NO. 24/07. RESPONDENTs EXHIBITS :NIL. TRUE COPY P.A. TO JUDGE HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 19230 of 2010 --------------------------------------- Dated this the 22nd day of July 2011. JUDGMENT This writ petition is filed seeking to quash Ext.P5 order dated 3.12.2009 in I.A. No. 163/09 in LAR No.24/2007 of the II Additional Sub Court, Thrissur. Petitioners are the 'A' and 'B' claimants in LAR No.24/2007 before the II Additional Sub Court, Thrissur. An extent of 0.2125 hectares of land belongs to the claimants in LAR 24/07 was acquired by the State. Since there was some dispute regarding the apportionment, the matter was referred to the reference court. The reference court passed an award of apportionment declaring that the first claimant's share is 11/20 and second claimant's share is 9/20. The amount was deposited in the Treasury in the aforesaid land acquisition account. The claimants filed a petition before the reference court for releasing the amount in deposit with interest accrued till date. The court W.P.(C) No. 19230 of 2010 2 below relying on the decision reported in R.D.O Fort Kochi v. Kurian (2005(2) KLT 863) held that the claimants are not entitled to get any interest on the deposit amount. The principles laid down in the said decision (2005 (2) KLT 863) deal with an amount deposited by the State in a different context and different situation. Actually the amount due to the petitioner was deposited in Treasury. So whatever interest accrued on the deposit, the petitioners are entitled for the same. Therefore, Ext.P5 order declining interest accrued on the deposit amount cannot be justified under any circumstances. Therefore Ext.P5 order to the extend of declining interest is set aside. The II Additional Sub Judge Thrissur shall release the interest accrued on the deposit amount within a period of two months from the date of receipt of a copy of this judgment . The writ petition is disposed of as above. HARUN-UL-RASHID JUDGE al