Kerala High Court
Asha vs State Of Kerala on 23 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
WP(C) NO. 1943 OF 2024
PETITIONER:
ASHA, AGED 51 YEARS
D/O MANGALA DEVI, PRESENTLY RESIDING AT
T.C.NO: 17/1409 (5), MADHAVAM, POOJAPPURA,
THIRUVANANTHAPURAM, PIN - 695012
BY ADV B.ANANTHU
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR
COLLECTORATE, CIVIL STATION, KUDAPPANAKUNNU P.O,
THIRUVANANTHAPURAM, PIN - 695043
3 THE SPECIAL THAHASILDAR (ADDITIONAL L A UNIT)
CIVIL STATION, KUDAPPANAKKUNNU P.O,
THIRUVANANTHAPURAM, PIN - 695043
4 THE EXECUTIVE ENGINEER
P W D (ROADS) DIVISION, PMG.,
THIRUVANATHAPURAM, PIN - 695033
OTHER PRESENT:
SMT. DEEPA NARAYANAN -SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.1943 of 2024 2
VIJU ABRAHAM, J.
.................................................................
W.P(C). No.1943 of 2024
.................................................................
Dated this the 23rd day of February, 2024
JUDGMENT
Petitioner has approached this Court seeking a direction to
respondents 1 to 4 to disburse the balance amount due to her under Ext.P2
judgment. Admittedly the petitioner has already approached the execution
court by filing execution petition, E.P.No.613 of 2015 in L.A.R.No.53 of 2012
on the file of the II Additional Sub Court, Thiruvananthapuram in this regard.
2. Learned Government Pleader has filed a statement wherein the
amount claimed by the petitioner is disputed.
In view of the above, the issue could be adjudicated in the execution
petition preferred by the petitioner. Leaving open the right of the petitioner to
prosecute the execution petition now pending consideration before the
competent court, this writ petition is closed with an observation that the
execution court shall expedite the proceedings and complete the same,
preferably within a period of six months from the date of receipt of a copy of
the judgment.
Sd/-
VIJU ABRAHAM
JUDGE
cks
APPENDIX OF WP(C) 1943/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DECREE IN L.A.R. NO:
53/2012 DATED 20/12/2014 ON THE FILE OF THE
2D ADDITIONAL SUBORDINATE COURT,
THIRUVANANTHAPURAM
Exhibit P2 TRUE COPY OF THE COMMON JUDGMENT DATED
28/09/2020 IN L.A.A. NO: 184/2019 AND L.A.A.
NO: 61 / 2020 OF THIS HON'BLE COURT
Exhibit P3 TRUE COPY OF THE EXECUTION PETITION FILED BY
THE DECREE HOLDER / PETITIONER AS E.P. NO:
613/2015 DATED 23/11/2015 IN L.A.R. NO:
53/2012 ON THE FILE OF THE 2ND ADDITIONAL
SUBORDINATE JUDGES COURT, THIRUVANANTHAPURAM
Exhibit P4 TRUE COPY OF CASE STATUS DETAILS AS
AVAILABLE IN THE E-COURTS WEBSITE OF E.P.
NO: 613/2015 OF L.A.R. NO: 53/2012 ON THE
FILE OF THE 2ND ADDITIONAL SUBORDINATE
JUDGES COURT, THIRUVANANTHAPURAM
Exhibit P5 TRUE COPY OF THE STATEMENT OF ACCOUNT DATED
03/01/2024 SUBMITTED BY THE PETITIONER IN
E.P. NO: 613/2015 IN L.A.R. NO: 53/2012 ON
THE FILE OF THE 2ND ADDITIONAL SUBORDINATE
JUDGES COURT, THIRUVANANTHAPURAM
Exhibit P6 TRUE COPY OF THE IDENTITY CARD ISSUED BY SCT
COLLEGE OF ENGINEERING, TRIVANDRUM
Exhibit P7 TRUE COPY OF DISCHARGE SUMMARY DATED
04/09/2020 ISSUED BY SK HOSPITAL, TRIVANDRUM
RESPONDENT ANNEXURES
Annexure R3(a) A true copy of the calculation statement
