The Commissioner of Income-tax-IV, vs. M/s. PLR Projects Pvt. Ltd.,

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943 CRP NO. 117 OF 2015 AGAINST THE ORDER IN E.P.NO.1/2006 DATED 11.12.2014 IN LAR NO.2/1992 OF THE SUB JUDGE, THIRUVALLA REVISION PETITIONER/1

st JUDGMENT DEBTOR IN E.P: THE STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, PATHANAMTHITTA - 689 645. BY ADV GOVERNMENT PLEADER RESPONDENTS/DECREE HOLDER & 2

nd JUDGMENT DEBTOR IN E.P: 1 K.GEORGE JOHN MARINTHIKUNNEL BANGLOW, KATTOOKKARA, THIRUVALLA - 689 101. 2 THE CHIEF ENGINEER KERALA WATER AUTHORITY, SOUTHERN REGION, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 033. BY ADVS. SRI.AMAL GEORGE SRI.P.BENJAMIN PAUL SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY SRI.GEORGE THOMAS MEVADASR. SRI.MANU GEORGE KURUVILLA THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 14.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

C.R.P.No.117 of 2015 ..2.. A.BADHARUDEEN, J. ------------------------------------------------------------ C.R.P.No.117 of 2015 ------------------------------------------------------------ Dated this the 14th day of January, 2022 O R D E R State of Kerala, the first judgment debtor in E.P.No.1 of 2006 in LAR No.2 of 1992 has filed this revision petition on the assertion that despite having paid the entire award amount in LAR No.2 of 1992, the learned Sub Judge not calculated the deposit in proper way and thereby, it was found by the learned Sub Judge that some more amount is due. 2. It is submitted by the learned Government Pleader that as per the calculation statement filed by the Government, the entire amount as per the award including the amount enhanced by this Court was paid. 3. Per contra, it is submitted by the decree holder who is the respondent in this case that the

C.R.P.No.117 of 2015 ..3.. Government placed an erroneous calculation statement and the decree holder is entitled to get more than Rs.17 lakh towards the balance under the award in the Land Acquisition Reference case. 4. It is submitted by both sides that this matter may be closed with a direction to the learned Sub Judge, Thiruvalla to address the anomaly that has been addressed by the Government/the judgment debtor as well as the decree holder after getting detailed statements in relation to the award amount deposited and the amount due etc. In view of this submission, both sides are directed to file fresh statement of accounts before the Execution Court within four weeks from today. It is ordered that the learned Sub Judge shall thoroughly evaluate the statement of accounts so filed, after hearing both sides and pass appropriate orders based on the finding in tune with the balance statement to address the issue. Accordingly, this revision petition stands disposed of. The subject shall do the said exercise within a period of

C.R.P.No.117 of 2015 ..4.. two months from the date of filing the statement of accounts by both sides since the matter is pertaining to acquisition of land during 1990. Sd/-

A.BADHARUDEEN, JUDGE rkj

C.R.P.No.117 of 2015 ..5.. APPENDIX PETITIONERS' ANNEXURE ANNEXURE A TRUE COPY OF THE LETTER DATED 19.08.1998 ALONG WITH STATEMENT SHOWING THE DEPOSIT OF AMOUNT AFTER DEDUCTING INCOME TAX ADDRESSED TO SUB JUDGE, THIRUVALLA. ANNEXURE B TRUE COPY OF THE LETTER DATED 12.01.2001 ALONG WITH STATEMENT SHOWING THE DEPOSIT OF AMOUNT ADDRESSED TO SUB JUDGE, THIRUVALLA. ANNEXURE C A TRUE COPY OF THE LETTER DATED 03.02.2009 ALONG WITH STATEMENT TO SUB JUDGE THIRUVALLA. ANNEXURE D TRUE COPY OF THE LETTER DATED 07.03.2012 TO SUB JUDGE, THIRUVALLA