Elizabeth vs State Of Kerala

Citation : 2022 Latest Caselaw 8563 Ker
Judgement Date : 6 July, 2022

Kerala High Court
Elizabeth vs State Of Kerala on 6 July, 2022
                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                       THE HONOURABLE MR.JUSTICE C.S.DIAS

            WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944

                             OP(C) NO. 1002 OF 2022

  FOR SPEEDY DISPOSAL OF LAR NO.10 OF 2019 ON THE FILES OF THE IIND ADDITIONAL

                             DISTRICT COURT, KOLLAM

PETITIONER/3RD CLAIMANT IN LAR:

             ELIZABETH PETER,
             W/O PETER DAMIEN,
             NO.19, VRINDAVAN,
             SUBASH CHANDRA BOSE ROAD, CHETTICHIRA,
             VYTILLA (P.O), KOCHI PIN - 682 019

             BY ADVS.
             B.BILWIN
             S.SUJIN
             T.N.GIRIJA
             NITA.N.S.


RESPONDENTS/RESPONDENTS IN LAR:

     1       STATE OF KERALA,
             REPRESENTED BY DISTRICT COLLECTOR,
             CIVIL STATION ROAD,
             KAANKATHU MUKKU, KOLLAM ,
             PIN - 691 013

     2       JANE AUSTIN,
             KURISSADI BHAVAN, PUNNATHALA CHERRY,
             KOLLAM WEST VILLAGE, KOLLAM , PIN - 691 001

     3       JOSEPH AUSTIN,
             S/O.ANDREW AUSTIN,
             KURISSADI BHAVAN,
             PUNNATHALA CHERRY, KOLLAM WEST VILLAGE,
             KOLLAM, PIN - 691 001

     4       REGINALD AUSTIN,
             S/O.ANDREW AUSTIN,
             KURISSADI BHAVAN,
             PUNNATHALA CHERRY,
             KOLLAM WEST VILLAGE,
             KOLLAM, PIN - 691 001


      THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06.07.2022, THE COURT ON

THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C)No.1002 of 2022

                                 2



                               JUDGMENT

Dated this the 06th day of July, 2022 The original petition is filed to direct the Court of the IInd Additional District Judge, Kollam, to consider and dispose of LAR No.10/2019 within a time frame.

2. Pursuant to the order passed by this Court on 13.06.2022, the learned District Judge, by communication dated 22.06.2022, has informed this Court that the LAR is posted for enquiry on 22.07.2022 and the same can be disposed of within three months.

3. Heard Sri.S.Sujin, the learned counsel appearing for the petitioner and the learned Government Government Pleader appearing for the 1 st respondent. Even though notice has been served on the respondents 2 to 4 through their learned counsel O.P.(C)No.1002 of 2022 3 appearing before the court below, there is no appearance for them

4. In the light of the pleadings and the materials on record and the above mentioned communication of the learned District Judge, Kollam, in exercise of the supervisory powers of this Court, under Article 227 of the Constitution of India, I direct the Court of the Additional District Judge-II, Kollam, to consider and dispose of LAR No.10/2019, in accordance with law, as expeditiously as possible, at any rate on or before 30.11.2022.

The original petition is ordered accordingly.

Sd/-

C.S.DIAS Judge NR/06/07/2022 O.P.(C)No.1002 of 2022 4 APPENDIX PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF CLAIM STATEMENT DATED 18/11/2020 FILED BY PETITIONER