High Court of KeralaWP(C)/8852/2015disposed of

P. Sethunathan v. The District Collector

2015-07-07Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 7TH DAY OF JULY 2015/16TH ASHADHA, 1937 WP(C).No. 8852 of 2015 (F) --------------------------- PETITIONER:

------------------ P. SETHUNATHAN, S/O.PONNAN, SECRETARY, PUTHENKOVIL BHAGAVATHY TEMPLE, PETTAH, THIRUVANANTHAPURAM.

BY ADVS.SRI.M.R.ANANDAKUTTAN SMT.M.A.ZOHRA SRI.MAHESH ANANDAKUTTAN SMT.S.SOUMYA ISSAC RESPONDENTS:

-----------------------

1. THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM - 695 005.

2. THE SECRETARY TRIDA (TRIVANRUM DEVELOPMENT AUTHORITY THIRUVANANTHAPURAM ) - 695 003.

R2 BY ADV. SRI.K.A.JALEEL, SC., TRIDA R1 BY SENIOR GOVERNMENT PLEADER SRI. THOMAS JOHN AMBOOKEN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 8852 of 2015 (F) APPENDIX PETITIONER(S)' EXHIBITS EXT.P1 :

TRUE COPY OF THE JUDGMENT AND DECREE IN LAA NO. 535/2010 DATED 15/12/2010.

EXT.P2 :

TRUE COPY OF THE EP NO. 64 OF 2011 BEFORE THE 1ST ADDITIONAL SUB COURT, THIRUVANANTHAPURAM DATED 26/02/2011.

EXT.P3 :

TRUE COPY OF THE STATEMENT IS FILED BY THE PETITIONER DATED 05/01/2014.

RESPONDENT(S)' EXHIBITS EXHIBIT R1(a) :

A TRUE COPY OF THE CALCULATION STATEMENT.

/TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 8852 OF 2015 ------------------------------------ Dated this the 7th day of July, 2015

JUDGMENT

The parties are at variance as regards the balance amount to be deposited in E.P. No. 64/2011 in LAR No. 174/2005 on the file of the court of the I Additional Subordinate Judge of Thiruvananthapuram. The first respondent however concedes that a further sum of `1,42,898/- is due to the petitioner as on 04.05.2015 and that requisition has been made to make available the fund.

The respondents are directed to discharge the admitted liability by depositing the sum of `1,42,898/- within two months in E.P. No. 64/2011 in LAR No. 174/2005. The execution court shall deliberate on the issue as regards the exact amount due to the petitioner before recording full satisfaction of the decree in E.P. No. 64/2011 in LAR No. 174/2005. 3.

The parties shall file separate statement showing the amount given and the court below shall take the proceedings to a logical end. Every endeavour should be made to terminate the

WP(C) No. 8852/2015 execution proceedings after recording full satisfaction within a period of six months from the date of receipt of a copy of this judgment.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd