Kerala High Court
P.T.Kunjamma vs State Of Kerala on 28 June, 2021
OP(C) NO. 1026 OF 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 28TH DAY OF JUNE 2021 / 7TH ASHADHA, 1943
OP(C) NO. 1026 OF 2021
AGAINST THE ORDER/JUDGMENT IN LAR 10/2010 OF SUB COURT,
PATHANAMTHITTA
PETITIONER/DECREE HOLDER:
P.T.KUNJAMMA
AGED 83 YEARS
W/O.K.V.MAMMEN, KALLUPURACKAL HOUSE, NANNUVAKKAD,
PATHANAMTHITTA - 689 645.
BY ADVS.
M.PROMODH KUMAR
K.PRAVEEN BABU
MAYA CHANDRAN
RESPONDENT/JUDGMENT DEBTOR:
1 STATE OF KERALA
REPRESENTED BY DISTRICT COLLECTOR, CIVIL STATION,
PATHANAMTHITTA - 689 645.
2 THE SECRETARY, MUNICIPALITY
PATHANAMTHITTA MUNICIPAL OFFICE,
PATHANAMTHITTA - 689 645.
OTHER PRESENT
SR.GP. SRI JOHNSON M.I
SRI. JAMES ABRAHAM, SC, MUNICIPALITY
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28.06.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 1026 OF 2021
2
JUDGMENT
Dated this the 28th day of June 2021
The petitioner/claimant is seeking expeditious
disposal of the proceedings initiated by her for
executing the award in L.A.R.No.10/2010. The
decree was passed by the court on 29.03.2012 and
the petitioner had filed the execution petition on
04.07.2012. Out of the total amount due, only a
portion was paid to her and the balance amount as
on date is about Rs.1,14,16,092 (Rupees One Crore
Fourteen Lakh Sixteen Thousand Ninety Two Only).
Along with the execution petition, the petitioner had
appended a schedule of immovables to be attached
and brought to sale for realization of the decretal
amount. Later, the petitioner also filed an execution
application seeking attachment of a treasury
account.
2. In the report called for by this Court, the
OP(C) NO. 1026 OF 2021
Jurisdictional Sub Judge has informed that as per the
report of the Treasury Officer, the account sought to
be attached did not exist. After receipt of that
report, no effective steps was taken by the petitioner
to recover the decretal amount from the first
respondent State.
3. Learned Counsel for the petitioner submitted
that the petitioner is a lady and it was after much
difficulty that she had obtained the treasury account
number, which turned out to be a wrong number. It
is submitted by the learned Counsel that a schedule
of immovable properties having been appended
along with the execution petition, the petitioner may
not be put to further trouble, by requiring her to
produce treasury account numbers for the purpose of
realization of the amount.
4. I heard the learned Government Pleader and
the learned Standing Counsel appearing for the
Municipality.
OP(C) NO. 1026 OF 2021
5. There being no challenge against the decree
or dispute regarding the balance amount due, I find
the request for expeditious disposal of the execution
petition, filed way back in the year 2012, to be
reasonable.
In the result, the original petition is disposed of,
directing the Sub Judge, Pathanamthitta to expedite
the recovery proceedings in E.P.No.116/2012 in
L.A.R.No.10/2010 and to complete the process within
an outer limit of six months from the date of receipt
of a copy of this judgment.
Sd/-
V.G.ARUN
JUDGE
NB/28.6.21
OP(C) NO. 1026 OF 2021
APPENDIX OF OP(C) 1026/2021
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE DECREE OF THE AWARD PASSED
BY THE REFERENCE COURT DATED 29/03/2012 IN
LAR NO.10/2010.
EXHIBIT P2 TRUE COPY OF THE EP 116/2012 FILED BY THE
PETITIONER DATED 08/06/2012.
EXHIBIT P3 TRUE COPY OF THE AWARD DATED 27/01/2014 IN
E.P.NO.116/2012 IN LAR NO.10/2010.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN
LAA.NO.766/2013 DATED 17/12/2018.
RESPONDENT'S EXHIBITS: NIL
True Copy
P.A to Judge
