Dated this the 5th day of October v. Union ofIndia
Case at a glance
- Bench
- V CHITAMBARESH
Outcome
Allowed
The Civil Revision Petition is allowed as above
Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 5TH DAY OF OCTOBER 2012/13TH ASWINA 1934CRP.No. 66 of 2011 ( ) ----------------------LAR.120/1993 of II ADDITIONAL SUB COURT, TRIVANDRUMREVISION PETITIONER(S):---------------------- STATE OF KERALA,REP.BY THE DISTRICT COLLECTOR,THIRUVANANTHAPURAM. BY ADV. GOVERNMENT PLEADER SMT.LILLY.K.T.RESPONDENT(S):-------------- MARIAMMA, D/O.KURIAN PANJIKKARAN, RESIDING AT KOCHUPARAMBIL VEEDU,VADAKKUMBHAGAMKARA,ANIKKATTU CHENGALAM EAST VILLAGE,KOTTAYAM, REP.BY HER POWER OF ATTORNEY HOLDER VARKEY PANJIKKARAN RESIDING AT PANJIKKARAN HOUSE KAZHAKUTTOM P.O.,THIRUVANANTHAPURAM-695582 R,R1 BY ADV. SRI.T.V.GEORGE R,R1 BY ADV. SRI.JIMMY GEORGE (THADATHIL) THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 05-10-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.CHITAMBARESH, J.-------------------------------C.R.P.No. 66 of 2011 -------------------------------Dated this the 5th day of October, 2012
Operative part
O R D E RThe State of Kerala contends that a sum ofRs.4,75,755/- has already been deposited in excess whereas the claimant contends that a sum of Rs.24,50,270/- is still due. Theimpugned order is laconic in as much as it merely quotes the amount stated by the accounts section. The court below has not independently applied its mind to quantify the correct amount due. I have no option but to set aside the impugned order for denovo consideration on this aspect. 2. The court below shall advert to the principles regarding the entitlement of interest in Sunder v. Union of India [(2001) 7 SCC 211] and the principles of appropriation in Gurpreet Singh v. Union of India [(2006) 8 SCC 457]. Theeffect of the deposit made pursuant to the order of stay inL.A.A.No.196 of 1995 shall also be considered in accordance withparas 52 and 54 of Gurpreet Singh's case supra. Necessaryorders shall be passed within a period of one month from the C.R.P.No.66 of 20112date of receipt of a copy of this judgment. Either parties are at liberty to file calculation statement indicating the exact amount due under the Land Acquisition Award. The Civil Revision Petition is allowed as above. Nocosts. V.CHITAMBARESH,Judge. nj.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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