The Court quashed the executing court's order of property attachment for non-payment of land acquisition compensation. It directed the executing court to first determine the exact amount due before proceeding with enforcement measures.
Quashed the order dated 15.7.2002; directed the executing court to determine the amount due and proceed thereafter.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930
CRP.No. 1410 of 2003()
---------------------AGAINST THE ORDER DATED 15/07/2002 IN EA.88/02 IN EP.56/01 IN LAR.10/1989 of SUB COURT,THODUPUZHA ....................
REVISION PETITIONER: JUDGMENT DEBTOR:
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STATE OF KERALA
BY GOVERNMENT PLEADER SMT. R. BINDU
RESPONDENT:RESPONDENT:DECREE HOLDER:
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MATHAI THOMAS, POOVANIKUNNATHE HOUSE, KANJOR, THODUPUZHA.
ADV. SRI.K.K.CHANDRAN PILLAI FOR R1 SRI.SUDHEESH.A. FOR R1
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 03/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
M. SASIDHARAN NAMBIAR, J.
C.R.P. NO. 1410 OF 2003
Dated this the 3rd day of July, 2008
ORDER
The State, Judgment Debtor in E.P. 56 of 2001 filed by respondent/claimant decree holder in L.A.R. 10 of 1989 for realization of the enhanced compensation granted by the Land Acquisition Court, filed this revision petition challenging the order of the executing court attaching the property as per order dated 15.7.2002. The grievance of the petitioner is that before directing attachment, objection raised by the petitioner was not considered and the actual amount due was not fixed. The order dated 15.7.2002 does not show that executing court has decided what is the amount due. In such circumstances the order of attachment dated 15.7.2002 is quashed. Executing court is directed to pass a specific order determining the actual amount due to the respondent from Judgment Debtor as per the award granted in L.A.R.10 of 1989 and proceed with the execution petition thereafter.
Revision petition is disposed of as above.
M. SASIDHARAN NAMBIAR, JUDGE
Okb/-
1 issue framed by the court
Whether the order of attachment of property is valid when the exact amount due has not been fixed and objections were not considered prior to execution?
STATE OF KERALA
MATHAI THOMAS
M. SASIDHARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
