High Court disposed of a civil revision petition challenging an order fixing a balance compensation amount, directing the lower court to reconsider the matter after permitting parties to file statements.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.N.KRISHNAN
THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929
CRP.No. 1113 of 2007() ---------------------AGAINST THE ORDER DATED 04/12/2006 IN EP.NO.350/2002 IN LAR.263/1998 of PRL.SUB COURT,KOTTAYAM
REVISION PETITIONER: JUDGMENT DEBTOR:
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STATE OF KERALA, REP. BY DISTRICT COLLECTOR, KOTTAYAM.
BY GOVERNMENT PLEADER SMT.R. BINDU
RESPONDENTS: DECREE HOLDERS:
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MATHAI CHACKO, VALIYAVEETTIL HOUSE, OMALLOOR KARA, KOTHANALLOOR VILLAGE, VAIKOM TALUK.
BY
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 07/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER ON I.A.NO.3177/2007 IN C.R.P.NO.1113/2007
DISMISSED
7/02/2008
SD/- M.N.KRISHNAN, JUDGE
/TRUE COPY/
P.A.TO JUDGE
Kss
M.N. KRISHNAN, J. = = = = = = = = = = = = = = C.R.P. NO. 1113 OF 2007 = = = = = = = = = = = = = = = Dated this the 7th day of February, 2008.
O R D E R
This revision petition is preferred against the order of the Principal Subordinate Judge, Kottayam whereby the learned Judge fixed the balance amount at Rs.14,059/-. It is that order which is challenged by the State on the ground that the Court has not applied its mind in fixing the compensation and has also not followed the legal principles which have been laid down with respect to the entitlement, calculation and appropriation of the amount. It is also submitted that a statement has been filed and that has also not been properly considered. From the order it is not seen how the Court had arrived at such a figure of Rs.14,059/- and therefore the only remedy is to set aside the order and direct the Court below to consider it afresh after permitting both parties to file separate statements if they desire to do so and then hear them and dispose of the matter in accordance with law. The State is directed to appear before the Court below
CRP NO. 1113 of 2007
-:2:-
on 17.3.2008 and on that day the Court may give notice to
the counsel for the decree holder, fix a date and dispose of
the matter in accordance with law.
The C.R.P. is disposed of accordingly.
M.N. KRISHNAN, JUDGE.
ul/-
1 issue framed by the court
Whether the order of the Principal Subordinate Judge fixing the balance compensation amount at Rs.14,059/- should be set aside due to lack of application of mind and non-compliance with legal principl
STATE OF KERALA
MATHAI CHACKO
M.N. KRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
