IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 OP(C).No. 333 of 2010(O) ------------------------ AGAINST THE ORDER DATED 16.9.2010 IN E.P.NO.224/2005 IN LAR.12/1995 OF SUB COURT, PALAKKAD .................... PETITIONER : THE SPECIAL TAHSILDAR, LAND ACQUISITION (G)NO.2, PALAKKAD, PALAKKAD TALUK BY GOVERNMENT PLEADER RESPONDENT(S): --------------- 1. K.M.ABDUL KADER, AGED 75 YEARS, S/O.MAMMYKUTTY ROWTHER, RESIDING AT KALATHIL HOUSE, KANNANUR AMSOM ALATHUR TALUK 2. ATHIKKA UMMA,AGED 60 YEARS, W/O.LATE YUSUF,RESIDING AT KALATHIL HOUSE, KANNANNUR AMSOM,ALATHUR TALUK 3. MAMMY KUTTY, AGED 40 YEARS, S/O.LATE YUSUF, RESIDING AT KALATHIL HOUSE, KANNANUR AMSOM, ALATHUR TALUK. 4. NAZEER, AGED 30 YEARS, S/O.LATE YUSUF,RESIDING AT KALATHIL HOUSE, KANNANUR AMSOM, ALATHUR TALUK, 5. THAZLIMA, AGED 25 YEARS, S/O.LATE YUSUF, RESIDING AT KALATHIL HOUSE, KANNANUR AMSOM,ALTHUR TALUK 6. MUHAMMED IBRAHIM AGED 23 YEARS,W/O.LATE YUSUF, RESIDING AT KALATHIL HOUSE, KANNANUR AMSOM, ALATHUR TALUK OP(C)NO.333/2010 7. HABEEB,AGED 22 YEARS, W/O.LATE YUSUF RESIDING AT KALATHIL HOUSE, KANNANUR AMSOM, ALATHUR TALUK 8. SALMA UMMA, AGED 74 YEARS, W/O.LATE MUHAMMED HANEEFA RESIDING AT KULATHIL HOUSE, KANNANUR AMSOM, ALTHUR TALUK 9. ABDUL KABEER, AGED 56YEARS, S/O.LATE MUHAMMED HANEEFA, RESIDING AT KULATHIL HOUSE, KANNANUR AMSOM, ALATHUR TALUK 10. FATHIMA, AGED 55 YEARS, D/O.LATE MUHAMMED HANEEFA RESIDING AT KULATHIL HOUSE, KANNANUR AMSOM, ALATHUR TALUK 11. UMAIBA, AGED 53 YEARS, D/O.LATE,MUHAMMED HANEEFA, RESIDING AT KULATHIL HOUSE, KANNANUR AMSOM, ALATHUR TALUK 12. ABOOBACKER, AGED 52 YEARS,S/O.LATE MUHAMMED HANEEFA, RESIDING AT KULATHIL HOUSE, KANNANOOR AMSOM, ALATHUR TALUK 13. SUALIMAN, AGED 48 YEARS, S/O.LATE MUHAMMED HANEEFA, RESIDING AT KULATHIL HOUSE,KANNANOOR AMSOM, ALATHUR TALUK 14. AYISHIBEE,AGED 46 YEARS, D/O.LATE MUHAMMED HANEEFA, RESIDING AT KULATHIL HOUSE,KANNANOOR AMSOM, ALATHUR TALUK. ADV. SRI.P.V.CHANDRA MOHAN FOR R1,3,4,12,13 THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 21/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OPC 333/2010 APPENDIX PETITIONER'S EXHIBITS : EXT.P1: COPY OF THE EXECUTION PETITION NO.224/05 DATED 21.12.2005. EXT.P2: COPY OF E.A.NO.200/09 DATED 17.3.2009. EXT.P3: COPY OF THE OBJECTION FILED BY THE PETITIONER DATED 7.1.2010. EXT.P4: COPY OF THE AFFIDAVIT DATED 5.8.2009. EXT.P5: COPY OF THE ORDER DATED 16.9.2010. EXT.P6: COPY OF THE PROCLAMATION OF SALE OF IMMOVABLE PROPERTY. /TRUE COPY/ P.A. TO JUDGE K.T.SANKARAN, J. ---------------------------------- O.P.(C).No.333 of 2010 ----------------------------------- Dated this the 21st day of February, 2011 JUDGMENT The petitioner is the judgment debtor in E.P.No.224 of 2005 in L.A.R.No.12 of 1995 on the file of the Sub Court, Palakkad. Exhibit P5 order settling the sale proclamation and Exhibit P6 proclamation of sale issued for the sale of vehicles belonging to the Government are under challenge in this Original Petition. There is also a prayer to issue a direction to the court below to quantify the actual amount due. The learned counsel appearing for the decree holders submitted that they have no objection in the executing court quantifying the amount due to them after taking into account all the contentions raised by both parties. It is also submitted that it is not necessary to sell the vehicles till the quantification is done. It is submitted that one of the vehicles was sold in court auction. O.P.(C)No.333/2010 2 2. Taking into account the submissions made by the learned Government Pleader and the learned counsel for the decree holders, the Original Petition is disposed of as follows : (i) The executing court shall take into consideration the contentions put forward by both parties and quantify the amount due from the judgment debtor. The executing court shall quantify the amount and pass orders before 30th June, 2011. (ii) Sale of the vehicle shall be made only after such quantification. K.T.SANKARAN JUDGE csl