SARALADEVI Vs. SECRETARY, THRISSUR CORPORATION

JUDGEMENT

(1.) This writ petition is filed by the petitioners challenging Ext. P2 order passed by the execution court in I.A. No. 3347/2009 in L.A.R. No. 4/1999. The view taken is that in the light of the Judgment of this Court in R.D.O., Fort Kochi v. Kurian the claimant is not entitled for interest for the amount deposited in the Treasury. Learned counsel for the petitioner submitted that a Division Bench of this Court by Ext. P1 order dated 09/01/2003 directed deposit of balance amount by the appellant in the appeal, namely, Corporation of Thrissur in fixed deposit in the District Treasury Savings Bank, Thrissur. It is a case where the claimants were allowed to withdraw 50% of the amount awarded by the Sub Court Thrissur. It is further submitted that the entire amount was deposited by the Corporation before the Sub Court and it is in that context the petitioners approached this Court for withdrawing the amount deposited for which Ext. P1 order was passed. It is also submitted that thereafter the appeal itself ended in their favour by Ext. P4 Judgment.

(2.) It is pointed out by the learned counsel for the petitioner that the situation which came up for consideration before this Court in Kurian s case, 2005 2 KerLT 863 is totally different and, therefore, the view taken is not correct. The learned counsel for the petitioner also relied upon the Judgment of the Apex Court in Yashwant Woman Patil and others v. Municipal Corporation of Greater Mumbai and others, 2008 AIR(SC) 2951 .

(3.) Heard both sides.