IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WP(C).No. 33042 of 2008(H) -------------------------- PETITIONER(S): --------------- MEERAMOUDI ISMAILPILLA BEEVI.M., W/O.SHAHUL HAMMED, MEDAYIL HOUSE, PATHANAMTHITTA P.O., PATHANAMTHITTA. BY ADV. SRI.T.M.ABDUL LATHEEF SRI.A.MUHAMMED HASHIM RESPONDENT(S) ---------------- 1. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, PATHAMANTHITTA. 2. PATHANAMTHITTA MUNICIPALITY, REPRESENTED BY THE MUNICIPAL SECRETARY, PATHANAMTHITTA. BY GOVT. PLEADER SRI.BASANT BALAJI ADV.SRI.V.K.SUNIL, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.33042 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of December , 2008 JUDGMENT Heard Sri.T.M.Abdul Latiff , learned counsel for the petitioner, Sri.V.K.Sunil, learned standing counsel for the Municipality, extensively. Sri.V.K.Sunil submitted that the entire state has been benefited by the acquisition and the Municipality has already addressed the Government to share a portion of the Municipality's liability under the decrees. The Municipality is expecting favourable response from the Government. Municipality- judgment debtor has a number of land acquisition decrees against it and this court will not be justified in issuing the direction which is sought for under relief No.1. 2. Sri.T.M.Abdul Latiff submitted that considering the special circumstances attending on a few cases this court passed orders directing the Municipality to deposit the decree debt before the execution court and several decree holders have been benefited by such orders. The petitioner a senior woman badly needs money so that her son who is without a house can put up a house of his own. WPC.No.33042/08 2 3. Considering the rival submissions addressed at the Bar, I am of the view that the writ petition can be disposed of issuing the following directions; 1) The second respondent Municipality will facilitate deposit of atleast rupees five lakhs towards decree debt within four months from today by making requisite funds available in that regard with the District Collector, Pathanamthitta. 2) The Subordinate Judge, Pathanamthitta who is in seisin of execution proceedings in L.A.R. No. 123/1989 will do everything necessary to ensure that the decree debt which is claimed in that execution petition is realised by the decree holder by issuing all necessary coercive processes on applications in that regard filed by the petitioner. The learned Subordinate Judge will make every endeavour to dispose of the execution petition finally within nine months from today. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.33042/08 2