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LEKSHMIKUTTY AMMA SARADA AMMA versus STATE OF KERALA, REP. BY DISTRICT

High Court of Kerala

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LEKSHMIKUTTY AMMA SARADA AMMA v. STATE OF KERALA, REP. BY DISTRICT - WP(C) No. 451 of 2005(D) [2007] RD-KL 9755 (7 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 451 of 2005(D)

1. LEKSHMIKUTTY AMMA SARADA AMMA,
... Petitioner

Vs

1. STATE OF KERALA, REP. BY DISTRICT
... Respondent

2. E.S.SAHDA BEEVI, MOHJA MANZIL,

3. BIJU, RESIDING AT DO.DO.

4. MOHJA BEEVI, RESIDING AT DO.DO.

For Petitioner :SRI.J.HARIKUMAR

For Respondent :SRI.S.SUDHEESHKAR

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :07/06/2007

O R D E R

PIUS C. KURIAKOSE,J.


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W.P.(C) No. 451 of 2005
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Dated: 7th June, 2007



JUDGMENT

Heard Mr.J.Harikumar, counsel for the petitioner and Mr.Shyson P.Manguzha, learned Government Pleader for the State.

2. Having regard to the submissions I feel that there is justification for directing a reconsideration of the issue by the learned Subordinate Judge in the light of the judgment of the Constitution Bench of the Supreme Court in Sunder v. Union of India [2001(3) KLT 489(SC)] and the subsequent judgment of the Supreme Court in Gurpreet Singh v. Union of India [ (2006) 8 S.C.C. 457]. Accordingly, Ext.P5 is set aside and the learned Subordinate Judge is directed to take a fresh decision regarding the correct amount which was payable to the decree-holder-petitioner and also to the fellow decree-holders at the time when the alleged excess deposit was made. Decision as directed above will be taken after hearing both sides at the earliest and at any rate within two months of receiving copy of this judgment. The order of stay will continue till such time as decision is taken by the court below. The Writ Petition is allowed as above. No costs.

srd PIUS C.KURIAKOSE, JUDGE

W.P.C.No. - 2 -


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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