IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 CRP.No. 1782 of 2003(I) -------------------------------------- AGAINST THE ORDER DATED 30/11/2002 IN EP.598/2001 IN LAR.536/1988 of I ADDL.SUB COURT, ERNAKULAM .................... REVN. PETITIONERS/JUDGMENT DEBTORS: 1. STATE OF KERALA REP. BY THE DISTRICT COLLECTOR, ERAKULAM. 2. COCHIN EXPORT PROCESSING ZONE, KAKKANAD REP. BY ITS DEVELOPMENT COMMISSIONER.* *Transposed as 2nd respondent as per order dt.27.9.07 on IA 2300/07. BY GOVT. PLEADER SRI.MATHEW VADAKKEL RESPONDENT/DECREE HOLDER: KURIAN, S/O.CHACKO, OTHARAM, PARAPPEL, KAKKANAD. 2. COCHIN EXPORT PROCESSING ZONE, KAKKANAD REP. BY ITS DEVELOPMENTAL COMMISSIONER. ADV. SRI.K.R.GANESH SRI.MOHAN C.MENON FOR R2 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 03/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P. Balachandran, J. ----------------------- C.R.P.No.1782 of 2003 ----------------------- ORDER This revision is filed by the State against the order passed by the Execution Court in E.P.No. 598/01 in L.A.R.No.536/88, rejecting the statement filed by the judgment debtor and ordering attachment of the amounts due to the State from the Kochi Refineries Ltd. It is contended by the learned counsel for the Cochin Export Processing Zone, which is transposed as the second respondent in this revision, as also by the Government Pleader on behalf of the revision petitioner that in L.A.A. No.273/91 this Court has reduced the land value and fixed it at Rs.6,070/- per cent instead of Rs.17,290/- per are awarded by the reference Court; that thereby a deduction of Rs.930/- per cent was effected by this Court as per the judgment in L.A.A.No.273/91 from that awarded by the Reference Court; that instead of claiming the award amount, after deducting the reduction in land value so CRP 1782/03 2 ordered in L.A.A.No.273/91, the decree holder has claimed, in the execution petition, an amount of Rs.3,70,174/-, which is the value worked out at the rate of Rs.6,070/- per cent for the entire 24.69 ares of land acquired; that consequently, there is difference in all the other amounts claimed in the EP; that even upholding all the claims as allowed by the decree, there is excess payment of more than Rupees Two lakhs and that the court below has patently erred in fixing the amount, rejecting the statement of the judgment debtor and therefore, a re-fixation of the amounts due under the award, considering the objections of the judgment debtor, be ordered. 2. I have considered the statement along with the EP filed by the decree holder. It is seen therefrom that the entire value of land for 24.69 ares worked out at the rate of Rs.6,070/- per cent is claimed in the EP without deducting any amount as reduced in appeal as if that is the enhanced compensation. Consequently, the entire statement CRP 1782/03 3 filed by the decree holder requires a re- calculation and the amounts, if at all deposited by the garnishee, do not deserve to be released to the decree holder before adjudging the amount due. In the result, I set aside the order dated 30.11.2002 on E.P.No.598/01 in L.A.R.No.536/88 and remit the matter to the court below for ascertaining the exact amount due to the first respondent/decree holder under the award before disbursing the amounts to the decree holder. Attachment, if any, on the amounts in possession of the garnishee and not brought to court shall stand raised forthwith. The amount due to the decree holder shall be adjudged by the court below with notice to the decree holder, as nobody has appeared for the decree holder before this Court at the time of arguments. 3rd October, 2008 (K.P.Balachandran, Judge) tkv