Kerala High Court
Madhavan Pillai Ravi Mohan Nair vs State Of Kerala on 6 February, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
Tuesday, the 6th day of February 2024 / 17th Magha, 1945
IA.NO. 3394/2010 IN LA.APP. NO. 277 OF 2008
LAR 22/2005 OF SUB COURT PATHANAMTHITTA
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PETITIONERS/APPELLANTS:
1. MADHAVAN PILLAI RAVI MOHAN NAIR, HILL VIEW BUNGLOW, ENADIMANGALAM
VILLAGE,, ELAMANNOOR MURI, ADOOR.
2. KAMALADEVI PRASANNA KUMARI, HILL VIEW BUNGLOW, ENADIMANGALAM
VILLAGE,, ELAMANNOR MURI, ADOOR.
RESPONDENTS/RESPONDENTS:
1. THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR,,
PATHANAMTHITTA.
2. THE MANAGING DIRECTOR, K I N F R A, THIRUVANANTHAPURAM.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to correct the
judgment and decree in the following manner:
A. At page 17 of the judgment in the last sentence instead of 80
rubber trees it should be corrected as 800 trees, thus-
''Yield for 800 trees per day (800 x 9) = 72 Kg."
B. At page 18, the total quantity of rubber is computed as 720 Kg
instead of 7200 Kg. Therefore it should be corrected thus:
"Total quantity of rubber (72 x 100) = 7200 Kg.
C. Market value is computed based on income per year wherein also
the same mistake crept in and, therefore, income per year should be
corrected thus-
"Income per year (7200 x 52) = 374400/-
D. Market value given as 37,440 x 10 = Rs.37,44,00 instead of market
value as 374400 x 10 = 3744000. This should be corrected thus-
"Market value- Rs.37,4400 x 10 = Rs. 37,44,000/-."
E. As page 21, line 10, the value referred as Rs.3,74,400/- (Rupees
three lakhs seventy four thousand and four hundred only) instead of
Rs.37,47,000/- (Rupees thirty seven lakhs and forty seven thousand only),
should be corrected thus:
After the words ''market value of which is fixed at the
following figure shall be instead "Rs.37,47,000" ( Rupees thirty seven
lakhs and forty seven thousand only).
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, this court's judgment dated
22/07/2010 and upon hearing the arguments of M/S.M.NARENDRA KUMAR,
R.SUDHIR, D.RADHAKRISHNAN NAIR & SHAIJU ANTONY, Advocates for the
petitioners and of Government Pleader for Respondent 1 and of
SRI.G.S.REGHUNATH, Advocate for the respondent 2, the court passed the
following:
A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.
..................................................
I.A.No.3394 of 2010
in
L.A.Appl. No.277 of 2008
..................................................
Dated this the 6th day of February, 2024
ORDER
A.MUHAMED MUSTAQUE, J
There is a mistake occured in the last line of Page No.17 of
judgment dated 22.07.2010 in L.A.Appl.Nos.507 of 2006 and
connected cases. While referring to 800 trees, it was mentioned as
only "80 trees per day".
Therefore, the judgment dated 22.07.2010 will have to be
corrected showing that "Yield for 800 trees per day", corresponding
calculations should be adjusted accordingly.
The judgment stands corrected as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
SHOBA ANNAMMA EAPEN, JUDGE
RK
06-02-2024 /True Copy/ Assistant Registrar
