IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 CRP.No. 1102 of 2007() ---------------------- AGAINST THE ORDER DATED 07/03/2007 IN EP.451/2003 IN LAR.522/1994 of ADDL.SUB COURT,PARAVUR .................... REVN. PETITIONER: 1ST JUDGMENT DEBTOR: ----------------------------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM. BY GOVERNMENT PLEADER SRI SHYSON P. MANGUZHA RESPONDENTS/ DECREE HOLDERS AND 2ND JUDGMENT DEBTOR: ------------------------------------------------------ 1. KUMARAN (DIED), S/O.KANDAPPAN, KAITHAVALAPPIL, MANJUMMEL, KARAYUIL, ELOOR VILLAGE 2. MADHAVI, W/O.KUMARAN (DIED), S/O.KANDAPPAN, KAITHAVALAPPIL, MANJUMMEL KARAYUIL, ELOOR VILLAGE. 3. GIRIJA MOHAN, D/O.KUMARAN, RESIDING AT THARIPPARAMBIL, KALOOR, KOCHI-17. 4. PURUSHOTHAMAN, S/O.KUMARAN, RESIDING AT MUNDAKKAPPILLI, MANJUMMEL KARAYIL. 5. CHANDRA BOSE, S/O.KUMARAN, KAITHAVALAPPIL, MANJUMMELKARAYIL, ELOOR VILLAGE. 6. FACT LTD., UDYOGAMANDAL. ADV. SRI.E.K.NANDAKUMAR FOR R6 SRI.A.K.JAYASANKAR NAMBIAR FOR R6 SRI.ANIL KUMAR SREEDHARAN FOR R4 SRI.T.R.ASWAS FOR R4 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.R.P.NO.1102/2007 ORDER ON I.A.NO.3143/2007 IN CRP.NO.1102/2007 ----------------------- Dismissed 23/1/2009 Sd/- HARUN-UL-RASHID,JUDGE. HARUN-UL-RASHID,J. --------------------------- C.R.P.NO.1102 OF 2007 ---------------------------- DATED THIS THE 23RD DAY OF JANUARY, 2009 O R D E R State of Kerala, the first judgment debtor in LAR.No.522/94 on the file of the Additional Sub Court, North Paravur, is the revision petitioner herein. According to the revision petitioner, the entire amount due under the decree was paid after deducting TDs. It is also stated that the requisitioning authority, FACT Ltd., Udyogamandal themselves had deducted the TDs and remitted to the account of Income Tax Department as per Chalan No.6180 dated 11/11/06. The decree holders contended that the Land Acquisition Officer had deducted TDs of Rs.6,910/- without any authority and on the basis of the complaint lodged by them, the execution court directed the Land Acquisition Officer to offer his explanation in the matter. The report submitted by the Land Acquisition Officer was not acceptable and the execution court ordered deposit of an additional amount of Rs.6,910/-, which is the -2- CRP.No.1102/07 amount deducted by way of TDs and deposited with the Income Tax Department. The learned counsel for the decree holders submitted that they are not challenging the TDs. According to them, even after adjusting the TDs, an amount of Rs.15,000/- and odd is due under the decree as on 19/6/2007 and therefore they are entitled to realise the said amount. 2. In the circumstances, the revision petitioner and the decree holders shall submit new calculation statements, if necessary, before the execution court and the execution court shall re-consider the matter in the light of the statements to be filed or already filed and pass orders within a period of three months from the date of receipt of a copy of this order. Send back the records immediately. C.R.P. is disposed of as above. HARUN-UL-RASHID, Judge. kcv. -3- CRP.No.1102/07