Disposed

Seena.C.S v. State of Kerala

Kerala HC14 Mar 2017WP(C)/5328/2017

Case brief

AI extract

What is this about?

Upon hearing a writ petition filed by a decree holder regarding non-payment of execution decree amounts, the Court accepted a partial deposit, directed the petitioner to file a balance statement if dues remain, and ordered the balance amount to be paid within three months.

What did the court decide?

Petitioner directed to file balance statement if dues remain; respondents to pay balance amount within three months.

Seena.C.S Vs State of Kerala — Execution and Attachment | Kerala HC (2017)

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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 SHAJI P.CHALY

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TUESDAY, THE 14TH DAY OF MARCH 2017/23RD PHALGUNA, 1938

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WP(C).No. 5328 of 2017 (M)

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PETITIONER:

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SEENA.C.S, D/O.SULOCHANA, GURUPADAM, KUZHUVILA, KARIMANAL.P.O.,ATTIPRA VILLAGE, THIRUVANANTHAPURAM.

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BY ADV. SRI.BASANT BALAJI

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RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE(B) DEPARTMENT, THIRUVANANTHAPURAM-695001.

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2. THE DISTRICT COLLECTOR, CIVIL STATION, KUDAPPANAKUNNU, THIRUVANANTHAPURAM-695011

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3. THE EXECUTIVE ENGINEER, PWD, ROADS DIVISION THIRUVANANTHAPURAM-695001.

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4. THE SPECIAL TAHSILDAR, ADDITIONAL LA UNIT, CIVIL STATION, KUDAPPANAKUNNU, THIRUVANANTHAPURAM-695011.

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BY GOVERNMENT PLEADER SMT.VINITHA B.HARIRAJ

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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WP(C).No. 5328 of 2017 (M)

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APPENDIX

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PETITIONERS' EXHIBITS:

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P1: TRUE COPY OF THE EXECUTION PETITION AS WELL AS THE STATEMENT OF ACCOUNTS IN EP NO.257/2014 IN LAR NO.56/2011 ON THE FILE OF THE II ND ADDITIONAL SUB COURT, THIRUVANANTHAPURAM.

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P2: TRUE COPY OF THE WEDDING INVITATION CARD.

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RESPONDENTS' EXHIBITS: NIL.

//TRUE COPY//

P.S. TO JUDGE

mbr/

SHAJI P. CHALY, J.

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W.P.(C). NO. 5328 OF 2017

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Dated this the 14^th day of March, 2017

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JUDGMENT

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Petitioner is the decree holder in L.A.R. No. 56/2011 on

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the files of the II^nd Additional Sub Court, Thiruvananthapuram. Consequent to the non-payment of the amount, petitioner has submitted E.P. No 257/2014, evident from Ext. P1 before the execution Court, which is pending consideration. The grievance voiced by the petitioner in this writ petition is that inspite of earnest efforts and pendency of the execution petition for the past more than two years, amounts are not deposited by the respondents. It is in this background seeking appropriate direction, this writ petition is filed.

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Heard learned counsel for the petitioner and learned Government Pleader and perused the documents on record and the pleadings put forth by the petitioner.

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W.P.(C). NO. 5328 OF 2017

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Today when the matter is taken up, learned Government Pleader submitted that already an amount Rs. 2,15,29,001/- is deposited before the Court after deducting the income tax due. According to learned counsel for the petitioner, there are other amounts due apart from the amounts said to be deposited before the court. After the deposit, if it is found that other amounts are due, a balance statement shall be filed by the petitioner before the execution court, which shall also be considered by the execution court, in accordance with law, and if there are still amounts found to be due, the balance amount shall be paid, at the earliest, and at any rate, within three months thereafter.

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Writ petition is disposed of accordingly.

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SHAJI P. CHALY JUDGE

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DCS

Seena.C.S v. State of Kerala

Case brief

What is this about?

What did the court decide?

Seena.C.S v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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