IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 7TH FEBRUARY 2011 / 18TH MAGHA 1932 CRP.No. 27 of 2010() -------------------- LAR.4/1991 of ADL.SUB COURT, THALASSERY .................... REVN. PETITIONER/ RESPONDENT NO.2 --------------------------------------------------------- P.BEEVI, AGED 60 YEARS, W/O.LATE T.M.HUSSAIN, POMMANICHINTAVIDA HOUSE, M.M.ROAD, THALASSERY. BY ADV. SRI.C.KHALID SRI.T.P.SAJID RESPONDENTS/ PETITIONERS AND 1ST RESPONDENT ----------------------------------------------------------------------------- 1. REVENUE DIVISIONAL OFFICER CUM LAND ACQUISITION OFFICER, THALASSERY. 2. STATE OF KERALA, REPRESENTED BY GOVERNMENT PLEADER, HIGH COURT OF KERALA, ERNAKULAM. 3. BHARAT SANCHAR NIGAM LTD., REPRESENTED BY GENERAL MANAGER, BSNL KANNUR. 4. T.M.ALAVI HAJI, DARULNOOR, NEAR KUZHIPPANGAD TEMPLE, THIRUVANGAD VILLAGE. GOVERNMENT PLEADER FOR R1,2 SRI.MATHEWS K.PHILIP,SC, BSNL FOR R3 SMT.P.VANDANA FOR R4 THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 07/02/2011, ALONG WITH CRP NO. 197 OF 2010. THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb HARUN-UL-RASHID, J. ------------------------------------- C.R.P Nos. 27 & 197 of 2010 -------------------------------------- Dated this the 7th day of February, 2011 O R D E R Petitioner is the legal representative of the deceased claimant T.M.Hussain. T.M.Alavi Haji is the other claimant. A sum of Rs.4,20,830/- is happened to be paid in excess to the claimants. The land value fixed by the reference court was reduced by this Court in the appeal preferred by the Government of Kerala. Therefore, the Government moved the Sub Court, Talassery seeking return of the excess amount paid before the modification decree passed by this court. The claimants, while receiving the cheque for the total amount, has undertook to refund the amount in case of any contingency at any later stage. In this circumstances, the Court below found that the claimants are bound to refund the amount of Rs.4,20,830/-. Although, the Government claimed 15% interest on the amount deposited in excess from the date of excess payment, the trial court awarded only 6% interest finding that the said rate is reasonable. The Court below ordered that the claimants shall re-deposit Rs.4,20,830/- with 6% interest from the date of excess payment to the date of C.R.P Nos. 27 & 197 of 2010 : 2 : rate deposited. 2. This court earlier also considered the very same question in C.R.P.No.727/2005 and subsequently R.P.No.248/2009. There is no dispute that they have received the excess amount and therefore they are duty bound to payback the amount to the Government. In this circumstances, I find that the revision petitioners have not made out no valid grounds for interference. Accordingly, these revision petitions are dismissed. HARUN-UL-RASHID JUDGE dmb