IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 OP(C).No. 414 of 2010(O) ------------------------ AGAINST THE ORDER IN EP.242/94 IN LAR.120/1993 of II ADDL.SUB COURT,TRIVANDRUM .................... PETITIONER: -------------------- SMT. MARIYAMMA, D/o. KURIAN PANJIKKARAN RESIDING AT KOCHUPARAMBIL VEEDU VADAKKUMBHAGAM KARA ANIKKATTU CHENGALAM EAST VILLAGE, KOTTAYAM REPRESENTED BY HER POWER OF ATTORNEY HOLDER VARKEY PANJIKKARAN, AGED 65 YEARS PANJIKKARAN HOUSE, KAZHAKKOOTTAM P O MEENAMKULAM , TRIVANDRUM BY ADV. SRI.T.V.GEORGE SRI.JIMMY GEORGE (THADATHIL) RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR COLLECTORATE, THIRUVANANTHAPURAM-01 GOVERNMENT PLEADER: ADV. SRI. B JUYASURYA THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.414 of 2010 --------------------------------------- Dated this 21st day of October, 2010 JUDGMENT Petitioner is the claimant in L.A.R.No.120 of 1993 of the court of learned Additional Sub Judge-II, Thiruvananthapuram. She has obtained a decree from that court for enhanced compensation for the land acquired which was confirmed by the appellate court, and the Supreme Court refused to interfere with it by dismissing the special leave petition. Petitioner filed E.P.No.242 of 1994 for realisation of the amount. Learned counsel for petitioner states that in spite of several opportunity given to the respondents to deposit the amount, nothing has transpired and the executing court on 30-06-2010 directed steps to be taken for attachment of the property. That order was complied in July, 2010, still nothing has transpired and now the execution petition is posted on 22-02-2011. It is stated that substantial amount is due to the petitioner and that on account of the amount being withheld petitioner is suffering huge loss. Learned Government Pleader who took notice for the respondent pointed out that Exts.P6 and P7 are pending consideration of the executing court and without determining the actual amount due, it is not proper to order attachment of property O.P(C).No.414 of 2010 : 2 : of respondent. 2. Ext.P6 is calculation statement filed by the special Tahsildar concerned showing the amount due to the petitioner. Ext.P7 is an affidavit filed by the special Tahsildar concerned requesting the court to consider the objection raised by respondent as to the amount due to the petitioner. If Exts.P6 and P7 are pending consideration, executing court has to dispose of the same, and determine the amount payable to the petitioner before taking coercive steps for realisation of the amount. The executing court is therefore directed to expedite the proceedings, dispose of Exts.P6 and P7 if the same are still pending, determine the amount due to the petitioner and ensure that the amount is deposited at the earliest. Petition is disposed of with the above direction. (THOMAS P JOSEPH, JUDGE) Sbna/-