IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 CRP.No. 727 of 2005() ------------------------------ AGAINST THE ORDER DATED 2/4/2004 IN IA 6243 / 2003 IN LAR.4/1991 of ADL.SUB COURT, THALASSERY .................... REVN. PETITIONER(S): JUDGMENT DEBTOR. ------------------------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SRI.SHYSON P.MANGUZHA RESPONDENT(S): DECREE HOLDER. ----------------------------- 1. T.M.ALAVI HAJI, DARULNOOR NEAR KUZHIPPANANGAD TEMPLE, THIRUVANGAD VILLAGE. 2. T.M.HUSSAIN (DIED) LEGAL HEIR, BEEVI, W/O.T.M.HUSSAIN, PONNMANICHINTAVIDA HOUSE, M.M.ROAD, THALASSERY. *ADDL. R3 IS IMPLEADED 3. BHARAT SANCHAR NIGAM LTD.,. KANNUR, REP.BY GENERAL MANAGER, BSNL, KANNUR, THE ABOVE FIRM IS IMPLEADED AS THE ADDL. 3RD RESPONDENT VIDE ORDER DT. 5.7.06 IN IA. 1514/06. ADV. SRI.C.P.MOHAMMED NIAS FOR R2 SRI.A.K.ALEX FOR R1 SRI.MATHEWS K.PHILIP,SC, BSNL FOR ADDL.R3 SRI.T.A.RAMADASAN, FOR R2 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID,J. ------------------------- C.R.P No.727 of 2005 -------------------------- Dated this the 19th December, 2008 O R D E R Order in I.A No.7243/2003 in L.A.R No.4/91 on the file of the Subordinate Judge, Thalassery is under challenge. The Revenue Recovery Officer is the revision petitioner. According to the revision petitioner, an excess amount to the tune of Rs.6,43,245/- had been paid to the respondent who is the claimant in the reference case. It is submitted that the question whether any excess amount paid to the claimant was not examined by the court. If an amount of Rs.6,43,245/- is paid in excess of the amount to the claimant, it is the duty of the court to give back the amount and give it to the revision petitioner. I direct the court below to decide the question on merits whether any excess amount is received by the claimant due to some mistake in calculation or by any reason whatsoever. C.R.P No.727 of 2005 2 In the result, the order under challenge in this Civil Revision Petition is set aside and the case is remanded for fresh consideration on merits. It shall be decided within a period of four months from the date of receipt of a copy of this order. The Civil Revision Petition is allowed as above. ( HARUN-UL-RASHID,JUDGE) ma C.R.P No.727 of 2005 3 C.R.P No.727 of 2005 4