IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 CRP.No. 873 of 2007() --------------------- E.P 16/2001 IN LAR.35/1997 of PRL.SUB COURT,KOTTAYAM .................... REVN. PETITIONER(S): JUDGMENT DEBTOR ------------------------------------ STATE OF KERALA, REP.BY THE DISTRICT COLLECTOR, KOTTAYAM. BY GOVERNMENT PLEADER SRI.SHYSON.P.MANGUZHA RESPONDENT(S): DECREE HOLDERS ----------------------------- 1. GEORGE ULAHANNAN, MANGALATHU KAROTTU, KATTAMPAK, NJEEZHOOR VILLAGE, VAIKOM. 2. MARIAMMA W/O.GEORGE, OF DO. DO. ADV. SRI.MATHEW JOHN (K) FOR R1 & R2 SRI.AJEESH K.SASI FOR R1 & R2 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 25/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J ------------------------------------- C.R.P No.873 OF 2007 -------------------------------- Dated this the 25th day of March 2010 ORDER Revision is directed against the order dated 20.12.2006 in E.P No. 16 of 2001 in L.A.R No.35 of 1997 passed by the learned Principal Sub Judge, Kottayam. The judgment debtor/State has preferred this revision questioning the correctness of the calculation made by the court below directing the judgment debtor to deposit a sum of Rs.4,446/- as the balance amount due to satisfy the decree. At the time of hearing, the learned Government Pleader submitted that in the decree passed by the court below, there was a mistake with reference to the 4(1) notification published with respect to the acquisition. The actual date of publication under Section 4(1) of the Land Acquisition Act was 15.05.1995 but in the decree and judgment that date had been incorrectly shown as 18.02.1995. With reference to the incorrect date shown , the court below has calculated the balance amount due. Even in the calculation statement filed by the judgment debtor, the date of 4(1) notification is shown as 15.05.1995 and not as 18.02.1995 as shown in the decree is the submission of the Government Pleader. The learned counsel for the decree holder admitting that there is a mistake in the decree regarding the date of publication under C.R.P No.873 OF 2007 Page numbers Section 4(1) of the Act contended that on a proper calculation some more amount is due to the decree holder. Setting aside the impugned order the counsel requested for filing a statement to claim whatever amount due under the decree. Having regard to the submissions made and perusing the order of the court below, I find, a reconsideration of the matter to assess the exact amount due to the decree holder has to be made, after a correction of the decree with regard to the date of publication of 4(1) under the Act. It is also noticed, the learned Sub Judge has not given any reason how the amount stated in the order was arrived at. In fact it is a non speaking order. Even assuming that there was no challenge and quantification of sum stated was passed on concession if that should be reflected in the order. On that ground also the impugned order is liable to be set aside. The learned Government Pleader submits that a proper application will be filed seeking correction of the decree to rectify the mistake relating to the date of publication of 4(1) notification of the Land Acquisition Act. If any such application is filed on or before 30.06.2010 after giving notice to the decree holder and hearing both sides, the court below shall pass appropriate order on that petition. Further proceedings in execution in the event of any application is filed for decree correction by the State to continue only after the disposal of such petition which shall be given top C.R.P No.873 OF 2007 Page numbers priority and consideration. In the event of any correction made in the decree, both parties shall be given opportunity to file statement afresh, and, then, the court below shall decide the question as to the amount, if any, due to the decree holder under the decree. Order impugned is set aside, and revision disposed as indicated above. Sd/- S.S.SATHEESACHANDRAN JUDGE //TRUE COPY// P.A TO JUDGE vdv