IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 WP(C).No. 30181 of 2009(P) -------------------------- AGAINST THE ORDER IN EP/234/2995 IN LAR.367/1992 of ADDL.SUB COURT,PARAVUR .................... PETITIONER(S): ------------------------ KOCHI REFINERIES LTD., P.B.NO.2, AMBALAMUGAL (NOW BHARAT PETROLEUM CORPORATION LTD, KOCHI REFINERY). BY ADVS. SRI.E.K.NANDAKUMAR, SRI.A.K.JAYASANKAR NAMBIAR, SRI.K.JOHN MATHAI, SRI.P.BENNY THOMAS, SRI.P.GOPINATH MENON, SMT.THUSHARA JAMES. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPREENTED BY SPECIAL TAHSILDAR (LA), KOCHI REFINERY, VYTTILA. 2. K.P.NAFEESA, RTD. WHC, D/O. PAREEKKUTTY, A.R.POLICE FAMILY QUARTERS, THRIPUNITHURA, NOW AT KOONAMTHAI, KALAMASSERY. R1 BY SPL.GOVERNMENT PLEADER SRI. SREEKRISHNAN R2 BY ADV. SRI. K. MOHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2010 ALONG WITH WPC.NO.30182 OF 2009 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.30181/2009 P APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER DATED 20/07/2009 IN E.P.NO.234/05 IN LAR NO.367/92 PENDING BEFORE THE HON'BLE ADDL.SUB COURT, NORTH PARAVUR. P2: COPY OF OBJECTIONS FILED BY THE PETITIONER HEREIN ON 22/01/2009 IN EP.NO.234/05 IN LAR NO.367/92. P3: COPY OF ORDER DTD. 6/10/2008 IN E.P.NO.234/05 IN LAR NO. 367/92 OF ADDL. SUB COURT, NORTH PARAVUR. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ----------------------------------------- W.P.(C) Nos.30181, 30182, 32100, 34652, 34653, 36193, 36194, 36195 & 36196 OF 2009 ------------------------------------------ Dated this the 15th day of July, 2010. J U D G M E N T In all these writ petitions, the petitioner is the requisitioning authority who is aggrieved by the orders passed by the Execution Court in various Execution Petitions in different L.A.R cases. The impugned orders have been produced as Exhibit P1 in all these writ petitions. 2. The contention raised by the petitioner is that the objections raised by the petitioner have not been considered by the Execution Court. The petitioner has filed a consolidated statement before this Court dated 29.06.2010. Therein separate calculation statements have been produced as Annexures A to N showing the details of the amounts due to different parties in the Execution Petitions. 3. Learned counsel for the party respondents submitted that in respect of these writ petitions, statements filed by the W.P.(C) Nos.30181/09 & conn. cases 2 petitioner tallies with the amount that has to be deposited by them as on 30.06.2010. It is submitted that if the petitioner deposits the amount before the Execution Court, then the decree holders will be satisfied. 4. Learned counsel for the petitioner submitted that the petitioner will deposit the amounts as shown in the statement within a period of one month. With regard to W.P.(C) No.34653/2009 as well as W.P.(C) No.36194/2009, there is an error in the calculation in the statements. In W.P.(C) No.34653/2009, the total balance is shown as Rs.72,616.34/-. But, the same has been arrived at without adding the interest due as on 28.07.1998 that is Rs.40,601.96/-. By adding the same, the total amount will be Rs.1,13,215/-. Similarly in W.P.(C)No.36194/2009, the interest portion will be Rs.51,003.21/- and by adding to the balance amount of Rs.78,663.72/-, the total balance to be deposited will be Rs.1,29,666.93/-. Therefore, the statement with regard to these two cases will stand modified accordingly. The petitioner will deposit the amount before the Execution W.P.(C) Nos.30181/09 & conn. cases 3 Court within a period of one month from today along with interest upto the date of deposit. Therefore, the impugned orders in these writ petitions are quashed and the writ petitions are disposed of in terms of the directions as shown above. The court below will proceed with the Execution Petitions accordingly for passing appropriate orders. No costs. T.R. RAMACHANDRAN NAIR JUDGE smp