IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 7TH NOVEMBER 2007 / 16TH KARTHIKA 1929 CRP.No. 550 of 2007() --------------------- EP 413/04 in LAR.34/1994 of SUB COURT, KOZHIKODE .................... REVN. PETITIONER: RESPONDENT/JUDGMENT DEBTOR --------------------------------------------- THE SECRETARY, K.S.E.B., VYDHUDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENT: PETITIONER/DECREE HOLDER -------------------------------------- MARY ULAHANNAN, W/O. ULAHANNAN, KUNNATHATTU, P.O.CHEMBUKKAVU, KODANCHERRY AMSOM, CHEMBUKADAVU DESOM, KOZHIKODE. BY ADV. SRI.THOMAS ANTONY THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 07/11/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Order on IA 1407/07 in CRP No.550/2007 ------------------------------------------- DISMISSED. SD/- M.N.KRISHNAN, JUDGE. 7/11/2007 M.N.Krishnan, J. ======================== C.R.P.No.550 of 2007 ======================== Dated this the 7th day of November, 2007. ORDER This revision petition is preferred against the order of the subordinate Judge, Kozhikode in E.P. No.413 of 2004 in L.A.R.No.34 of 1994. As per the said order, the court just recorded that the calculation statement is filed and directed issuance of fresh attachment order. Counsel for the revision petitioner would submit that the parties are only entitled to get simple interest and tax has to be deducted at source as per the principles enunciated in State of Kerala v. Mariyamma - 2005 (1) K.L.T. 173. 2. Since the matter has not been considered in detail by the court below, the order under challenge is set aside and the matter is remitted back to the court below and the revision petitioner is directed to file a fresh statement calculating the amount and also permit the decree holder to file statement and after hearing arguments on both sides and in the light of the CRP 550/07 -: 2 :- principles laid down by different decisions fix the amount and thereafter proceed to execute the decree in accordance with law. The revision petitioner is directed to appear before the court below on 5.12.2007. The court on that day shall give notice to the decree holder and fix the date of appearance. Civil Revision Petition is disposed of accordingly. M.N.Krishnan, Judge. ess 12/11