IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 6TH JUNE 2011 / 16TH JYAISHTA 1933 CRP.No. 55 of 2011() --------------------------- THE ORDER DT: 09.07.2010 IN E.P.NO. 267/1992 IN LAR.30/1988 of SUB COURT, PALAKKAD .................... CIVIL REVISION PETITIONER/IST RESPONDENT/JUDGEMENT DEBTOR IN E.P ---------------------------------------------------------------------------------------------------------------- LAND ACQUISITION OFFICER, PALAKKAD, REP. BY DISTRICT COLLECTOR, PALAKKAD. BY GOVERNMENT PLEADER SRI.T.K. SAJEEV RESPONDENTS/ PETITIONERS/DECREE HOLDERS AND SUPPLEMENTARY RESPONDENTS 2 TO 5 OM E.P. --------------------------------------------------------------------------------- 1. KRISHNAN (DIED), LEGAL HEIRS PONNU, W/O.KRISHNAN (DIED), MATHAKOIL KALAM, SULTANPET JUNCTION, KOPPAM AMSOM, PALAKKAD TALUK. 2. VIJAYAN, S/O.LATE KRISHNAN, MATHAKOIL KALAM, SULTANPET JUNCTION, KOPPAM AMSOM, PALAKKAD TALUK, PIN-678014. 3. MOHAN, S/O.LATE KRISHNAN, MATHAKOIL KALAM, SULTANPET JUNCTION, KOPPAM AMSOM, PALAKKAD TALUK, PIN-678014. 4. MALATHY, D/O.LATE KRISHNAN, MATHAKOIL KALAM, SULTANPET JUNCTION, KOPPAM AMSOM, PALAKKAD TALUK, PIN-678014. 5. ANIL KUMAR, S/O.LATE KRISHNAN, MATHAKOIL KALAM, SULTANPET JUNCTION, KOPPAM AMSOM, PALAKKAD TALUK, PIN-678014. 6. SUNIL KUMAR, S/O.LATE KRISHNAN, MATHAKOIL KALAM, SULTANPET JUNCTION, KOPPAM AMSOM, PALAKKAD TALUK, PIN-678014. 7. JYOTHI, D/O.LATE KRISHNAN, MATHAKOIL KALAM, SULTANPET JUNCTION, KOPPAM AMSOM, PALAKKAD TALUK, PIN-678014. 8. E.V.KOMALAM, W/O.LATE MOHANAN, KALATHIL HOUSE, ARAKODE, MALAMPUZHA POST, PALAKKAD DISTRICT, PIN-678014. 9. SRI.NISHANTH M.K., S/O.LATE MOHANAN, KALATHIL HOUSE, ARAKODE, MALAMPUZHA POST, PALAKKAD DISTRICT, PIN-678014. 10. SRI.NIDESH M.K., S/O.LATE MOHANAN, KALATHIL HOUSE, ARAKODE, MALAMPUZHA POST, PALAKKAD DISTRICT, PIN-678014. 11. SRI.NIJESH M.K., S/O.LATE MOHANAN, KALATHIL HOUSE, ARAKODE, MALAMPUZHA POST, PALAKKAD DISTRICT, PIN-678014. ADVS. SRI.O.RAMACHANDRAN NAMBIAR FOR R1,2,4-6 SRI.O.RAMACHANDRAN NAMBIAR FOR R8-11 SRI.GEEN T.MATHEW FOR R1,2 & 4-6 SRI.GEEN T.MATHEW FOR R8-11 THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: smt K.T.SANKARAN, J. ------------------------------ C.R.P.No.55 OF 2011 ------------------------------ Dated this the 6th day of June, 2011 ORDER The Land Acquisition Officer, Palakkad challenges the order dated 9.7.2010 in E.P.No.267 of 1992 in LAR No.30 of 1988 (wrongly recorded as 30 of 1998 in the order impugned), by which the Executing Court attached the official car belonging to the petitioner for realisation of the amount due to the respondents. The order impugned shows that as per the order dated 12.2.2009 passed by the Executing Court, the judgment debtor was directed to pay a sum of Rs.18,186.75 together with interest to the decree holders. The amount was not paid. Therefore, for realisation of the amount, the Execution Petition was filed and attachment was ordered. 2. The contention of the petitioner in the revision is that the order dated 12.2.2009 was passed on the basis of the calculation statement made by the claimants. It is stated the decree holder is not entitled to get any interest on solatium. According to the C.R.P.No.55 OF 2011 2 petitioner, excess amount was deposited. 3. The contention put forward by the petitioner is not a ground to challenge the order dated 9th July, 2010. The Executing Court passed an order dated 12.2.2009 directing the judgment debtor to pay a sum of Rs.18,186.75/- together with interest. That order is not under a challenge. Having not challenged the order dated 12.2.2009, the petitioner is not entitled to challenge the present order by which the vehicle was attached. The Civil Revision Petition lacks merits and it is accordingly, dismissed. K.T.SANKARAN, JUDGE. cms