Dismissed

State of Kerala v. a.a.Raja(Died)

Kerala HC5 Nov 2007CRP/634/2003

Case brief

AI extract

What is this about?

The High Court set aside an order of the executing court remanding the matter. The court directed the lower court to permit parties to file statements on entitlement regarding amounts and interest based on recent Apex Court decisions.

What did the court decide?

The order of the executing court was set aside and remanded; parties directed to file statements on entitlement within one month; final enquiry to be completed within two months.

State of Kerala Vs a.a.Raja(Died) — Civil Procedure and Limitation | Kerala HC (2007)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE M.N.KRISHNAN

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MONDAY, THE 5TH NOVEMBER 2007 / 14TH KARTHIKA 1929

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CRP.No. 634 of 2003()

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--------------------AGAINST THE ORDER DATED 20/11/2002 IN EP.27/1995 IN LAR.40/86 of SUB COURT,THODUPUZHA

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REVN. PETITIONERS: JUDGMENT DEBTOR

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STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, IDUKKI.

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THE WILD LIFE PRESERVATION OFFICER, PERIYAR TIGOR PROJECT, THEKKADY.

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BY GOVERNMENT PLEADER SMT. R. BINDU

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RESPONDENTS: DECREE HOLDERS

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K.A.A.RAJA, I.A.S. (RETIRED) FORMER LT.GOVERNOR OF ARUNACHAL PRADESH S/O. K.S.ALAYA RAJI PARASAKTHI T.P.MILLS ROAD, RAJAPALAYAM (DIED)

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DR.K.A.RAMASUBRAMANIA RAJA, S/O. K.A.A.RAJA, IAS (RETD), PARASAKTHI, T.P.MILLS ROAD, RAJAPALAYAM.

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K.A.VIVEKANANDA RAJA S/O. K.A.A.RAJA, IAS (RETIRED) PARASAKTHI, T.P.MILLS ROAD, RAJAPALAYAM.

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M.J.GENERAL K.A.S. RAJA, PVSM(RETD) S/O. K.S.ALAYA RAJA CONGEYA SRIRENGAPALAYAM, RAJAPALAYAM.

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CRP 634/03 2

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K.S.VIJAIYAKUMAR RAJA, S/O. MAJOR GENERAL K.A.S. RAJA, P.V.S.M.(RETD.)

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CONGEYA SRIRENGAPALAYAM, RAJAPALAYAM.

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K.P.JAYARAMA RAJA, S/O. PERUMAL RAJA, RENGAVILAS, THENKASI ROAD, RAJAPALAYAM (DIED)

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K.J.RAVICHANDRA RAJA S/O. K.T.JAYARAMA RAJA, RENGAVILAS, THENKASI ROAD, RAJAPALAYAM.

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K.R.SRIRENGA RAJA S/O. K.S.RENGASAMI RAJA, RENGAVILAS, THENKASI ROAD, RAJAPALAYAM.

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K.S.VELAYUDHA RAJA, S/O. SUBBHA RAJA, RENGAVILAS, THENKASI ROAD, RAJAPALAYAM.

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ADDL.10.RETHINAMMAL

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W/O. LATE K.P.JAYARAMA RAJA, RENGAVILAS, TENKASI ROAD, RAJAPALAYAM. (Died)

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SANTHI D/O. LATE K.P.JAYARAMA RAJA, OF DO. DO.

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RAVICHANDRA RAJA

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S/O. LATE K.P.JAYARAMA RAJA OF DO.DO.

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VIDYA, D/O. LATE K.P.JAYARAMA RAJA,

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OF DO. DO.

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SRIRENGAPERUMAL RAJA

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S/O. LATE K.P.JAYARAMA RAJA OF DO. DO.

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It is recorded that respondents Nos.11 to 14 are the legal heirs of deceased 10th respondent as per order dt. 5.11.2007 as per memo filed on 23.1.2007

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BY ADV. SRI.C.K.VIDYASAGAR FOR R1

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SRI.T.I.ABDUL SALAM

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SRI.T.SETHUMADHAVAN FOR R2 - R7

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SRI.PUSHPARAJAN KODOTH

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SRI.K.JAYESH MOHANKUMAR

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THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 05/11/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Order on CMP 1568/03 in CRP 634 of 2003

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Dismissed.

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Sd/- M.N.KRISHNAN, JUDGE.

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5/11/2007

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M.N.Krishnan, J. ======================== C.R.P.No.634 of 2003

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========================

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Dated this the 5^th day of November, 2007.

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ORDER

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This Civil Revision Petition is filed by the Government against the order of the Subordinate Judge, Thodupuzha in E.P.No.27 of 1995 in L.A.R.No.40 of 1986. The said order was pronounced on 20th November, 2002. The court below relied upon a statement filed by the decree holder on 1.11.2002 and submitted that no counter has been filed and as per the statement an amount of Rs.70,53,864.30 is due to the decree holder. Learned Government Pleader would submit that ultimately, the court after making some deductions arrived at the conclusion that an amount of Rs.70,46,625.28 is due to the decree holder as on 1.11.2002. Learned Government Pleader would also submit that there is strong objection for them in accepting the statement.

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Learned counsel for the claimants had placed before me

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CRP 634/03 -: 2 :-

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the decision of the Apex Court in K.A.A. Raja and Others v. State of Kerala and Another - 1994 (5) Supreme court Cases 138, which has arisen from the very same subject matter and the Apex Court in paragraph 5 of the judgment had clearly found that what is the amount the claimants are entitled to and the entitlement with regard to the payment of the interest under Section 23(1-A) would depend upon the decisions to be rendered

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by the Constitution Bench and the party depending upon the judgment would work out that benefit also. Now as per the decision of the Apex Court in Sundar v. Union of India - (2001) 7 S.C.C. 211, the entitlement for interest on solatium was found in favour of the claimants. Subsequently, a Five Bench decision reported in Gurpreet Singh v. Union of India - (2006) 8 Supreme Court Cases 457 clarified the position thus: "We also clarify that interest on solatium can be claimed only in pending executions and not in closed executions and the execution court will be entitled to permit its recovery from the date of the judgment in Sundar (19-9-2001) and not for any prior period." This is also a matter which has to be looked into by the court below.

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CRP 634/03 -: 3 :-

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Therefore, I set aside the order of the Executing Court and remit back the same to the court below. The court below is directed to permit both the parties to file separate statement regarding their entitlement and the court below after considering the statement and the decisions of the Apex Court on the subject fix the amount and direct the Government to pay the balance so fixed. Being a very old matter, I direct the court below to complete the enquiry within a period of two months and the parties shall file their statements within a period of one month from today. Parties are directed to appear before the court below on 3.12.2007.

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Writ Petition is disposed of accordingly.

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M.N.Krishnan, Judge.

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ess 5/11

State of Kerala v. a.a.Raja(Died)

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State of Kerala v. a.a.Raja(Died)

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