IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 CRP.No. 1020 of 2006() ---------------------- AGAINST THE ORDER DATED 15/11/2006 IN EP 102/05 IN LAA 691/01 IN LAR.36/1994 OF THE IST ADDL.SUB COURT, KOZHIKODE .................... REVN. PETITIONERS/ RESPONDENTS -------------------------------- 1. KSEB, REP. BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. SPL.DEPUTY COLLECTOR (LA), KSEB, GANDHI ROAD, KOZHIKODE. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENT(S): PETITIONER ------------------------- 1. ALICE GEORGE, W/O.LATE GEORGE. 2. MICHAEL, F/O. LATE GEORGE. 3. MARIYUM, M/O.LATE GEORGE. 4. MICHAEL GEORGE, S/O.LATE GEORGE. 5. ANOOP GEORGE, S/O.LATE GEORGE. 6. MARY GEORGE (MINOR), D/O.LATE GEORGE. ALL THE RESPONDENTS RESIDING AT VATTAPPELATH, NOORANTHODE, KODENCHERRY AMSOM DESOM,KOZHIKODE. ADV. SRI.THOMAS ANTONY FOR R1TO6 SRI.TITUS MANI FOR R1TOR6 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 09/01/2009, ALONG WITH CRP NO. 1021 OF 2006 & CRP NO. 1022 OF 2006 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.NO.3618/2006 IN CRP.NO.1020/2006 ------ Dismissed 9/1/2009 Sd/- Harun-Ul-Rashid, Judge. HARUN-UL-RASHID,J. --------------------------- C.R.P.NOS.1020,1021 & 1022 OF 2006 ---------------------------- DATED THIS THE 9TH DAY OF JANUARY,2009 O R D E R Respondent is the revision petitioner in all these revision petitions. The matter arises in execution in LAR.No.36/94 and two connected LARs. on the file of the Ist Additional Sub Court, Kozhikode. The court below accepted the calculation statement filed by the decree holder as correct. Therefore, further proceedings are initiated for realisation of the balance amount. Revision petitioners submitted that they have paid the decree amount after deducting income tax and other applicable statutory deductions. According to them, the amount due as per the decree in LAR.No.36/94 is Rs.6,24,900/- and the entire amount due was paid. In the calculation statement submitted by the decree holder, it is stated that the calculation made by the K.S.E. Board is wrong and going by the correct calculation as per the decree and taking -2- CRP.Nos.1020,1021 & 1022/2006 into account all the remittances, the revision petitioners are liable to pay Rs.4,45,054/-. Similarly, in LAR.Nos.37/1994 and 38/1994, the K.S.E. Board submitted calculation statement stating that the entire amount was paid. At the same time, the respondents/claimants took the stand that the balance amount is due and the correct amount is shown in the calculation statement accepted by the trial court. 2. In view of the rival contentions raised by the parties, I am of the view that a second time evaluation and re-calculation is necessary in the interest of justice. The parties shall file detailed statements showing the principal amount, solatium, other statutory benefits, interest accrued, the amount remitted on the respective dates and other details. In order to give quietus to the litigation, the court below shall meticulously examine the statements and shall pass appropriate orders in accordance with law without giving room for any further grievance. The court below shall dispose of the matter within a period of four months -3- CRP.Nos.1020,1021 & 1022/2006 from the date of receipt of a copy of this order. The order of attachment passed by the court below shall be kept in abeyance, till a final decision is taken in the matter. C.R.Ps. are disposed of as above. Sd/- HARUN-UL-RASHID, Judge. kcv.