RAMA RAO Vs. STATE OF KERALA

JUDGEMENT

(1.) THE impugned order reads thus: - "Balance amount fixed as per separate sheet. As on today Rs.1,67,927.49/ - is due. 15% interest on Rs.1,43,121.34/ - is also due from 28.9.2011. The Government shall deposit the amount in a month. Call on 28.10.2011." The apprehension of the petitioner is that the execution court may record full satisfaction of the award in haste.

(2.) THE rule of appropriation in the case of partial deposit has been detailed in Mooney v. State of Kerala [2014 (2) KLT 961]. The directions therein shall be adverted to while quantifying the amount due finally. The interest component on the amount due shall also be quantified in accordance with the law laid down by the Supreme Court. The execution court shall record full satisfaction after ensuring that the amount due under the award is paid accordingly.

(3.) THE impugned order is however passed peremptorily as a step in procedure pending final orders. No case for interference has been made out in this Original Petition therefore at this stage. The Original Petition is disposed of.