IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 8TH APRIL 2011 / 18TH CHAITHRA 1933 OP(C).No. 1251 of 2011(O) ------------------------- PETITIONERS : ------------------ 1. P.K.LALITHA, D/O.LATE SMT.P.K.SARASWATHY AMMA, RESIDING AT MALABAR HOUSE, CHURCH LANDING ROAD, ERNAKULAM, COCHIN-682 016. 2. P.K.MURALIKRISHNAN, S/O.LATE SMT.P.K.SARASWATHY AMMA, MANAGING PARTNER, CORONATION THEALSE, CALICUT. BY ADV. SRI.K.P.SREEKUMAR RESPONDENT(S): --------------- 1. THE DISTRICT TREASURY OFFICER, DISTRICT TREASURY, KOZHIKODE-673 020. 2. THE SPECIAL TAHASILDAR (LA), KOZHIKODE-673 020. THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OPC 1251/2011 APPENDIX PETITIONERS' EXHIBITS : EXT.P1: COPY OF THE CHEQUE APPLICATION DATED 21.3.2011 FILED BY THE PETITIONER EXT.P2: COPY OF THE APPLICATION DATED 21.3.2011 FILED THE SECOND PETITIONER UNDER THE RIGHT TO INFORMATION ACT EXT.P3: COPY OF REPLY DATED 23.3.2011 GIVEN BY THE FIRST RESPONDENT RESPONDENTS' EXHIBITS NIL //TRUE COPY// P.A. TO JUDGE K.T.SANKARAN, J. -------------------------------------- O.P.(C).No.1251 of 2011 --------------------------------------- Dated this the 8th day of April, 2011 JUDGMENT For realisation of the compensation awarded in Land Acquisition Reference as enhanced by the High Court in Land Acquisition Appeal, the petitioner filed Execution Petition (E.P.No.7 of 2010) on the file of the court of the Principal Sub Judge, Kozhikode. The petitioners sought attachment of the amounts payable by Cochin Refineries Ltd. to the Government. The garnishee was given notice. The garnishee deposited the amount by way of cheque before court. The cheque was sent by the court for collection to the Treasury. Stating that the amount was received in the Treasury, the petitioner filed Exhibit P1 cheque application. That application was returned on the ground that "reconcilliation is not over" O.P.(C) No.1251/2011 2 2. The prayer in this Original Petition is to issue a direction to the court of the Principal Subordinate Judge, Kozhikode to receive Exhibit P1 cheque application dated 21.3.2011 and to issue cheque to the second petitioner, if the application for issue of cheque is otherwise in order. 3. The petitioners applied under the Right to Information Act to get the details as to the availability of the amount in the Treasury. Exhibit P2 is the application and Exhibit P3 contains the answers. On a perusal of Exhibits P2 and P3, it is clear that the amounts were credited to the civil court deposit on 12.3.2011 itself. Exhibit P3 would indicate that the information was not given to the Sub Court, since it would be given only after sending account to the Accountant General. Exhibit P3 also indicates that the accounts would be submitted to the Accountant General on 8th April, 2011. In view of Exhibit P3 answers, as of now, there is no impediment in considering the cheque application and in issuing the cheque, if the cheque application is otherwise in order. O.P.(C) No.1251/2011 3 Accordingly, the Original Petition is disposed of directing the Principal Sub Judge, Kozhikode to entertain Exhibit P1 cheque application and issue cheque as prayed thereunder, if otherwise the cheque application is in order. K.T.SANKARAN JUDGE csl Issue copy today itself