THE STATE OF KERALA vs SURESH KUMAR K S

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ITEM NO.7 COURT NO.15 SECTION XI-A `S U P R E M E C O U R T O F I N D I A` `RECORD OF PROCEEDINGS` `Petition(s) for Special Leave to Appeal (C) No(s). 17676/2023` `(Arising out of impugned final judgment and order dated 05-06-2023` `in OPC No.249/2023 passed by the High Court of Kerala at Ernakulam)` `STATE OF KERALA Petitioner(s)` `VERSUS` `SURESH KUMAR K S & ORS. Respondent(s)` (FOR ADMISSION and I.R. and IA No.159851/2023-EXEMPTION FROM FILING `C/C OF THE IMPUGNED JUDGMENT)` `Date : 03-10-2023 This petition was called on for hearing today.` `CORAM :` HON'BLE MRS. JUSTICE B.V. NAGARATHNA `HON'BLE MR. JUSTICE UJJAL BHUYAN` For Petitioner(s) Mr. Jaideep Gupta, Sr. Adv. `Mr. Nishe Rajen Shonker, AOR` Mrs. Anu K Joy, Adv. Mr. Alim Anvar, Adv. Mr. Riddhi Bose, Adv. `For Respondent(s)` `UPON hearing the counsel the Court made the following`

Advocates:
NISHE RAJEN SHONKER

ORDER

Learned senior advocate appearing for the petitioner-State submitted that pursuant to our order dated 22.08.2023, the petitioner has deposited the amount before the Executing Court and that the petitioner-State has no objection for the said amount being withdrawn by the claimants-respondents herein. However, it was contended that the Sub-Treasury office, Perumbavoor could not have been subjected to garnishee proceedings inasmuch, the account of the said Treasury Office could not have been attached. Digitally signed by RADHA SHARMA Date: 2023.10.05 13:07:13 IST Reason:

However, we find that this is a case where the State had not

paid the compensation to the respondents on acquisition of the

respondents’ land despite an award being passed in their favour.

In the circumstances, they initiated Execution Proceedings and

attached the account of the Sub-Treasury office, Perumbavoor being

the disbursing authority of various Government transactions on

behalf of the Government. Although the Treasury Officer may have

no independent financial powers the fact that the account of the

Sub-Treasury office, Perumbavoor was attached was only for the

purpose of executing the award in their favour.

Further learned senior counsel for the petitioner submitted

that the award amount has now been deposited and the State has no

objection for the respondents to withdraw the amount.

In the circumstances, we dispose of this special leave

petition keeping the question of law, if any, open as we find that

the respondents have now been permitted to withdraw the

compensation amount which has now been deposited by the petitioner

before the Executing Court.

A copy of this order to be placed before the Executing Court

so as to enable the said Court to permit withdrawal of the

compensation amount deposited by the petitioner herein in

accordance with law.

Pending application(s), if any, shall stand disposed of.

(RADHA SHARMA) (MALEKAR NAGARAJ)

COURT MASTER (SH) COURT MASTER (NSH)

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