Elizabath Peter vs State Of Kerala

Citation : 2022 Latest Caselaw 8779 Ker
Judgement Date : 7 July, 2022

Kerala High Court
Elizabath Peter vs State Of Kerala on 7 July, 2022
               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                  THE HONOURABLE MR.JUSTICE C.S.DIAS
        THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                        OP(C) NO. 1043 OF 2022
         IN LAR 12/2019 OF II ADDITIONAL DISTRICT COURT,KOLLAM
PETITIONER:

            ELIZABATH PETER
            AGED 73 YEARS
            W/O. PETER DAMIEN,
            NO.19, VRINDAVAN,
            SUBHASH CHANDRA BOSE ROAD,
            CHETTICHIRA, VYTILLA (P.O),
            KOCHI, PIN - 682019

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



RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY DISTRICT COLLECTOR,
            CIVIL STATION RD, KAANKATHU MUKKU
            KOLLAM, PIN - 691013

    2       JANE AUSTIN
            KURISSADI BHAVAN, PUNNATHALA CHERRY,
            KOLLAM WEST VILLAGE,
            KOLLAM, PIN - 691001

    3       JOSEPH AUSTIN
            S/O.ANDREW AUSTIN,
            KURISSADI BHAVAN, PUNNATHALA CHERRY,
            KOLLAM WEST VILLAGE,
            KOLLAM, PIN - 691001

    4       REGINALD AUSTIN
 OP(C) NO. 1043 OF 2022           2

          S/O.ANDREW AUSTIN,
          KURISSADI BHAVAN, PUNNATHALA CHERRY,
          KOLLAM WEST VILLAGE, KOLLAM
          PIN - 691001

          GOVERNMENT PLEADER SMT. SHYLAJA S.L.


       THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1043 OF 2022              3



               Dated this the 7th day of July, 2022

                            JUDGMENT

The original petition is filed to direct the Court of II Additional District Judge, Kollam, to consider and dispose of LAR No.12/2019, within a time frame.

2. Pursuant to the order dated 17.06.2022 passed by this Court, the learned Additional District Judge-II, Kollam, by communication dated 22.06.2022, has informed this Court that the above LAR can be disposed of within three months.

3. Heard; Smt. S.Sujin, the learned the counsel appearing for the petitioner and the learned Government Pleader appearing for the first respondent.

4. Even though a memo has been filed serving copy on the counsel appearing for the respondents 2 to 4 before the court below, there is no appearance for them.

5. In the light of the pleadings and materials on record and the above mentioned communication of the learned Additional District Judge-II, Kollam, in exercise of OP(C) NO. 1043 OF 2022 4 the supervisory jurisdiction 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.12/2019, in accordance with law, as expeditiously as possible, at any rate, on or before 31.10.2022.

The original petition is ordered accordingly.

Sd/-

C.S.DIAS, JUDGE rmm07/07/2022 OP(C) NO. 1043 OF 2022 5 APPENDIX OF OP(C) 1043/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CLAIM STATEMENT DATED 18.11.2020 FILED BY THE PETITIONER IN LAR NO. 12 OF 2019 BEFORE THE ADDITIONAL DISTRICT COURT, KOLLAM