IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 WP(C).No. 11663 of 2007(L) -------------------------- LAR.148/1984 of SUB COURT,THODUPUZHA .................... PETITIONER: ------------ UTHUP JOSEPH, VADAKKE MUTTAPPILLIL HOUSE, NADUKANI KARA, KEERAMPARA VILLAGE, KOTHAMANGALAM TALUK. BY ADV. SRI.K.SURENDRA MOHAN RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, IDUKKI. 2. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BASANTH BALAJI FOR R1TO2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.11663/2007 APPENDIX PETITIONER'S EXHIBITS; EXT.P1; COPY OF SALE CERTIFICATE DATED 5.12.2005 ISSUED BY THE SUB COURT, THODUPUZHA. EXT.P2; COPY OF THE PETITION E.A. NO.359/2005 IN E.P. 185/89 IN L.A.R.148/84 FILED BY THE PETITIONER. RESPONDENTS EXHIBITS: ANNEXURE A1; COPY OF THE ORDER DATED 25.10.2007. ANNEXURE A2; COPY OF THE D.O. LETTER NO.28697/B3/07/RD. /TRUE COPY/ P.A. TO JUDGE. PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 11663 of 2007 ---------------------------------- Dated this the 12th day of June , 2008 JUDGMENT A portion of the Municipal station building in Thodupuzha was sold by the execution court for recovery of the balance amount which were due to the petitioner decree holder in L.A.R.148/84 and purchased by the petitioner himself. The petitioner filed E.A. No.359/2005 for delivery of the property on the strength of the sale certificate Ext.P1 which had been issued to him consequent to the above sale. The grievance, which the petitioner has voiced in this writ petition, is that the learned Subordinate Judge is extremely lethargic in the matter of disposing of E.A.359/2005 without which it will not be possible to dispose of E.P.185/89 finally. 2. I have heard the submissions of Sri.K.Surendra Mohan, the learned counsel for the petitioner and those of Sri.Basanth Balaji, the learned Government Pleader. Sri.Surendra Mohan submitted that the petitioner has reached the evening of his life and he wants to see that this long drawn out litigation comes to an end at least before he breathes his last. The petitioner is not keen on retaining the property WPC No.11663/2007 2 covered by Ext.P1. It will suffice if the petitioner is paid balance decree debt and charges expended by him on account of the purchase including the value of the stamp paper used for engrossing Ext.P1 and other incidental expenses and the interest at the statutory rate on them. Sri.Surendra Mohan submitted that at a modest estimate the amounts will come to Rs.1,55,000/-. 3. The learned Government Pleader Sri.Basanth Balaji invited my attention to paragraph 3 of the counter affidavit submitted by the Revenue Principal Secretary and submitted that instructions have been given to the District Collector, Idukki to draw and deposit balance decree debt at Rs.1,34,000/- the amounts for which the property mentioned in Ext.P1 was sold. In the circumstances of this case, directing further payments will not be justified so submits the learned Government Pleader. 4. Having anxiously considered the submission addressed at the bar, I am of the view that the petitioner ought to receive a total amount of Rs.1,47,000/- inclusive of the amount of Rs.1,34,000/- mentioned in paragraph 3 of the counter affidavit in full and final settlement of his claims against the Government and over the property covered by Ext.P1. Accordingly, I dispose of this writ petition issuing the following directions; WPC No.11663/2007 3 The respondents will deposit a total amount of Rs.1,47,000/- inclusive of sum of Rs.1,34,000/- mentioned in paragraph 3 of the counter affidavit submitted by the Principal Secretary(Revenue) within six weeks from today before the execution court. Once the deposit is made, the petitioner will be entitled to draw the amount from the court. If the deposit is made within the time limit stated above, the learned subordinate judge will sue motu set aside the sale on the basis of which Ext.P1 was issued to the petitioner. In the event of the Government not complying with the above direction regarding deposit of the amount, the learned subordinate judge will take up the E.A. and the E.P. , post the same on day to day basis and dispose of the E.A as well as the E.P. within two weeks thereafter. PIUS C. KURIAKOSE JUDGE dpk