IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 WP(C).No. 8613 of 2008(A) ------------------------- EP NO.59/2000 IN LAR.52/1986 of SUB COURT, SULTHAN BATHERY .................... PETITIONER: ------------ 1. T.M.THOMAS, S/O.LATE MATHAI, AGED 67 YEARS, THATTATHUPARAMBIL VEEDU, KANIYAMBETTA AMSOM, VYTHIRI TALUK. 2. ROSA, D/O.LATE MATHAI, AGED 62 YEARS, THATTATHUPARAMBIL VEEDU, KANIYAMBETTA AMSOM, VYTHIRI TALUK. 3. JOSE, S/O.LATE MATHAI, AGED 60 YEARS, THATTATHUPARAMBIL VEEDU, KANIYAMBETTA AMSOM, VYTHIRI TALUK. 4. GEORGE, S/O.LATE MATHAI, AGED 54 YEARS, THATTATHUPARAMBIL VEEDU, KANIYAMBETTA AMSOM, VYTHIRI TALUK. BY ADV. SRI.RAJESH SIVARAMANKUTTY SMT.A.PREMAKUMARI RESPONDENTS: ------------- 1. SPECIAL TAHSILDAR (LA) K.R.P., KALPETTA. 2. DISTRICT COLLECTOR, WAYNAD, KALPETTA, WYANAD DISTRICT REPRESENTING THE STATE OF KERALA. BY GOVERNMENT PLEADER SMT. R.BINDU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------------------- W.P.(C).No.8613 of 2008 ------------------------------------------- Dated this the 13th day of March, 2008 JUDGMENT This writ petition is preferred against the order of the Subordinate Judge, Sulthan Batheri whereby the court below has directed the decree holder to redeposit an amount of Rs.69,237.70 as the excess amount paid by the state to the claimant. Initially an award was passed by the Land Acquisition Court. The matter was taken up in appeal. The appeal was remanded. After the remand, the court below passed an award holding that the claimant is entitled to get Rs.12,135/- as enhanced compensation with 30% solatium and 12% additional interest on the enhanced market value. It also held that the claimant is entitled to get interest at the rate of 9% for one year and thereafter at the rate of 15% till realisation. So, what the court has to do is to find out precisely the amount that is due to the claimant under the award. Thereafter, the court has to consider what is the amount that is deposited before the court and withdrawn by the claimant. If there is excess amount WPC 8613/2008 2 certainly the claimant is bound to reimburse it. Unfortunately, in the order of the court below, nothing is seen considered to show how the court had arrived at a decision that Rs.69,237.70 is liable to be reimbursed. 2. Therefore, I set aside the order of the court below directing the decree holder as well as the State to file separate statement and the court to consider the same and fix the amount and pass appropriate orders. Till such a decision is taken, there shall not be any direction for reimbursement of the amount. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE csl