Quashed

State of Kerala v. v.Velappan Nair

Kerala HC25 Jun 2008CRP/910/2007

Case brief

AI extract

What is this about?

A civil revision petition challenging an executing court order of 2006 directing the State of Kerala to deposit money with interest on solatium. The revisional court accepted the validity of Supreme Court precedents but quashed the order due to lack of specifics on interest calculation and credited amount, directing a fresh decision.

What did the court decide?

The order of the executing court dated 25.2.2006 is quashed and the Sub Judge is directed to decide the actual amount payable by considering the law laid down in Gurpreet Singh.

State of Kerala Vs v.Velappan Nair — Civil Procedure and Limitation | Kerala HC (2008)

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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.SASIDHARAN NAMBIAR

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WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930

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CRP.No. 910 of 2007()

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--------------------LAR.3/1997 of SUB COURT,NEYYATTINKARA

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REVN. PETITIONER:

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STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR,THIRUVANANTHAPURAM.

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BY GOVERNMENT PLEADER SMT.R.BINDU.

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RESPONDENTS:

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V.VELAPPAN NAIR, GRAMATHIL VEEDU, NEYYAR DAM P.O. KALLIKKADU (DIED).

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LALITHAKUMARI,GRAMATHIL VEEDU, NEYYAR DAM P.O. KALLIKKADU

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LALITHAKUMARI,GRAMATHIL VEEDU, NEYYAR DAM P.O. KALLIKKADU

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GOPAKUMAR,GRAMATHIL VEEDU, NEYYAR DAM P.O. KALLIKKADU

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ADDL.R.5. G.SANTHAKUMARI,AGED 35, D/O.RUGMINI AMMA, KEEZHAMMATHU VEEDU, MUKUNTHARA DESOM,KALLIKKADU VILLAGE.

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V.S.ARYA, AGED 13 (MINOR), D/O.SANTHAKUMARI, KEEZHAMMATHU VEEDU, MUKUNTHARA DESOM,KALLIKKADU VILLAGE.

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V.S.AKHIL, AGED 9 (MINOR), S/O.SANTHAKUMARI, KEEZHAMMATHU VEEDU, MUKUNTHARA DESOM,KALLIKKADU VILLAGE.

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THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 25/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ORDER IN I.A.NO.2566 OF 2007 IN CRP.NO.910/2007

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DISMISSED

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25.6.2008

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SD/= (M.SASIDHARAN NAMBIAR, JUDGE.)

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//TRUE COPY//

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P.A. TO JUDGE.

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M.SASIDHARAN NAMBIAR, J.

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C.R.P.No.910 of 2007

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Dated this the 25^th June, 2008.

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O R D E R

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The State is challenging the order of the Executing Court (Sub Court, Neyyattinkara) in E.P.No.106/2000 in L.A.R.No.3 of 1997, directing the State to deposit Rs.19,453.72, holding that the State is liable to pay interest on solatium also. Though notice was served on the respondents, they did not appear.

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The learned Government Pleader was heard.

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The Constitution Bench of Apex Court in Gurpreet

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Singh v. Union of India (2006 (8) SCC 457), held that claimants are entitled to get interest on the enhanced compensation including solatium, but as interest on solatium is payable based on Sundar v. Union of India (2001 (7) SCC 211), interest is payable only from that the date of that judgment. The learned Government Pleader pointed out that the order of the Executing Court does not show as to from which date interest on solatium was calculated and also the mode by which the credit of the deposit made by the State was

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CRP.No.910/2007

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accounted. In such circumstances, the order dated, 25.2.2006, is quashed. The learned Sub Judge is directed to consider the question afresh and decide the actual amount, if any, payable by the State, taking into consideration the Law as laid down by the Apex Court in Gurpreet Singh's case.

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The writ petition is disposed as above.

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M.SASIDHARAN NAMBIAR,

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JUDGE

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nj.

State of Kerala v. v.Velappan Nair

Case brief

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State of Kerala v. v.Velappan Nair

Case brief

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