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LUCY, W/O.JOSEPH KONOTH, KOCHUPALLY ROAD versus THE DISTRICT COLLECTOR, CIVIL STATION

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LUCY, W/O.JOSEPH KONOTH, KOCHUPALLY ROAD v. THE DISTRICT COLLECTOR, CIVIL STATION - WP(C) No. 23818 of 2005(I) [2007] RD-KL 15107 (7 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 23818 of 2005(I)

1. LUCY, W/O.JOSEPH KONOTH, KOCHUPALLY ROAD
... Petitioner

Vs

1. THE DISTRICT COLLECTOR, CIVIL STATION,
... Respondent

2. THE SPECIAL TAHSILDAR, GCDA, KADAVANTHRA

3. THE DEPUTY TAHSILDAR (RR),

For Petitioner :SRI.C.S.ULLAS

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :07/08/2007

O R D E R

PIUS C. KURIAKOSE, J.

.......................................................... W.P.(C)No.23818 OF 2005 ...........................................................

DATED THIS THE 7th AUGUST, 2007



J U D G M E N T

The learned counsel for the petitioner seeks time today also. But, as indicated by me in my order dated 6.7.2007, so long as Ext.P10 stands, the challenge against revenue recovery proceedings is liable to fail. It is seen on a reading of Ext.P10 that the implications of the judgment of the Constitution Bench of the Supreme Court in Sunder v. Union of India (2001 (3) KLT 489) have been taken into account by the learned Subordinate Judge. But, as for the principles of appropriation to be followed when part-payments are being made towards decree-debts in land acquisition cases, it is the judgment of this Court in Mathunni Mathai v. State of Kerala (1998 (1) KLT 812) which has been followed by the court below. The Constitution Bench of the Supreme Court has, in Gurpreet Singh v. Union of India [(2006) 8 SCC 457], laid down the principles of appropriation to be adopted when part-payments are made towards decree-debts in land acquisition cases. The petitioner is permitted to bring the judgment in Gurpreet Singh v. Union of India (supra) to the notice of the learned Subordinate Judge. The learned Subordinate Judge will reconsider Ext.P10 in the light of the principles laid down in Gurpreet WP(C)N0.23818/05 Singh's case and, if necessary, pass orders in modification of Ext.P10. The above exercise will be completed within two months of receiving copy of this judgment. The order of stay presently passed will continue, in view of the above direction, for a period of three months from today. The Writ Petition is disposed of as above. No costs.

(PIUS C.KURIAKOSE, JUDGE)

tgl WP(C)N0.23818/05


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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