Dismissed

Dr.Susheel Chandran v. State of Kerala

Kerala HC8 Feb 2016OP(C)/1755/2015

Case brief

AI extract

What is this about?

The petitioner, President of an Apartment Owners Association, sought a cheque for compensation awarded to 40 members. The executing court dismissed it as the petitioner was not a decree holder. The High Court held cheques must be issued to decree holders unless they authorize the President to collect on their behalf, thus affirming the dismissal but clarifying the procedure.

What did the court decide?

The cheque application was dismissed on the ground that cheques can be issued only to decree holders unless they authorize the petitioner to collect.

Dr.Susheel Chandran Vs State of Kerala — Kerala HC (2016) — LawSathi Research

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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 K.ABRAHAM MATHEW

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SUNDAY, THE 8TH DAY OF FEBRUARY 2015/19TH MAGHA, 1936

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OP(C).No. 1755 of 2015 (O)

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PETITIONER(S):

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DR.SUSHEEL CHANDRAN AGED 51 YEARS 5B, QUEENSWAY POINT APARTMENT, KURAVANKONAM KOWDIAR PO, THIRUVANANTHAPURAM

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BY ADV. SRI.LAL GEORGE

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RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY DISTRICT COLLECTR, COLLECTORATE THIRUVANANTHAPURAM 695 004.

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2. THE SECRETARY

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THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY (TRIDA) THIRUVANANTHAPURAM 695 004.

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R2 BY ADV. SRI.K.A.JALEEL, SC., TRIDA R BY GOVERNMENT PLEADER

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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avk

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OP(C).No. 1755 of 2015 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1- TRUE PHOTOSTAT COPY OF THE RELEVANT PORTION OF MEMORANDUM OF ASSOCIATION

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P2- TRUE PHOTOSTAT COPY OF THE PAN CARD

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P3- TRUE PHOTOSTAT COPY OF THE LETTER ISSUED FROM THE FEDERAL BANK

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P4- TRUE PHOTOSTAT COPY OF THE DECREE PASSED IN LAR NO.408

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P5- TRUE PHOTOSTAT COPY OF THE JUDGMENT IN LAA NO.754/2010

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P6- TRUE PHOTOSTT COPY OF THE MINUTES OF THE GENERAL BODY

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P8- TRUE PHOTOSTAT COPY OF THE RESOLUTION DATED 5.5.14

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P9- TRUE PHOTOSTAT COPY OF THE CHEQUE APPLICATION

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P9(A)- TRUE PHOTOSTAT COPY OF THE SUPPORTING AFFIDAVIT

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P10- TRUE PHOTOSTAT COPY OF THE ORDER PASSED IN LAR NO.408/2008

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RESPONDENT(S)' EXHIBITS NIL

//TRUE COPY//

PA TO JUDGE

avk

K.ABRAHAM MATHEW, J.

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O.P.(C).No. 1755 of 2015

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Dated this the 8^th day of February, 2016

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JUDGMENT

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The petitioner is the President of Queens Way Point Apartment Owners' Association. He filed Ext.P6 application before the Executing Court in L.A.R.No.408/2008 of Sub Court, Thiruvananthapuram. He filed Ext.P9 application to issue a cheque in his favour for the amounts deposited by the respondent State towards compensation payable to the decree holders who are members of the Association. By Ext.P10 order, the learned Sub Judge has dismissed it.

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Heard.

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The compensation awarded in the case is due to 40 persons shown as claimants in the case. The petitioner alleges that the bye laws of the Association makes it clear that the owner of the vacant plot of the premises of the building of which the acquired land was a part belongs to the Association. The learned Sub Judge dismissed the cheque application on the ground that the petitioner is not the decree holder.

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O.P.(C).No. 1755 of 2015 2

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There are 40 claimants in the case. They are the decree holders. The executing court can issue cheques only in favour of decree holders. It cannot issue cheques in favour of anyone other than decree holders. The lower court was right in dismissing the cheque application filed by the petitioner. But if the claimants by appropriate documents authorize the president of the Queens Way Point Apartment Owner's Association to collect the cheques on their behalf, the court shall hand over the cheques to him.

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In the result, this O.P is disposed of with the above observation.

Sd/JUDGE

K.ABRAHAM MATHEW

//TRUE COPY//

PA TO JUDGE

avk

O.P.(C).No. 1755 of 2015 3

Dr.Susheel Chandran v. State of Kerala

Case brief

What is this about?

What did the court decide?

Dr.Susheel Chandran v. State of Kerala

Case brief

What is this about?

What did the court decide?

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