Jose Sebastian vs State Of Kerala Represented By The ...
2021 Latest Caselaw 11525 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

  THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943

                      OP(C).No.40 OF 2014(O)

  AGAINST THE ORDER IN LAR 240/1994 OF ADDITIONAL SUB COURT,
                      THIRUVANANTHAPURAM

PETITIONERS :


             JOSE SEBASTIAN,
             S/O.LATE K.SEBASTIAN,
             HOUSE NO 215, GIRI NAGAR COLONY,
             COCHIN - 682 020

             BY ADV. SRI.A.BALAGOPALAN

RESPONDENTS :

      1      STATE OF KERALA REPRESENTED BY THE DISTRICT
             COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM


      2      THE DEPUTY COLLECTOR (LAND ACQUISITION),
             COLLECTORATE, THIRUVANANTHAPURAM

      *3.    ADDL.R3 IMPLEADED.

             THE UNION OF INDIA, MINISTRY OF DEFENCE
             (INDIAN AIR FORCE), VAYU BHAAN, NEW DELHI,
             PIN - 100 001

             ADDL.R3 IMPLEADED AS PER THE ORDER DATED
             02.04.2014 IN I.A.NO.5176/2014


             R1 & R2 BY GOVERNMENT PLEADER SMT.REKHA C.NAIR
             R3 BY ADV. SRI.P.PARAMESWARAN NAIR, ASG OF INDIA


     THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 08.04.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C).No.40 OF 2014(O)

                                        2


                               JUDGMENT

Dated this the 8th day of April 2021

This writ petition seeks for a direction to dispose of

E.P.No.206/2002 in L.A.R.No.240/1994 on the files of the Additional

Sub Court, Thiruvananthapuram. Pursuant to the order dated

25.03.2021, a report has been placed before this Court wherein the

learned Sub Judge has, after referring to the Covid conditions,

informed that the case was adjourned by Notification from

18.03.2020 and presently stands posted to 25.06.2021. It is also

reported that a period of six months shall be sufficient to dispose of

the execution petition finally.

Respecting the wishes of the learned Sub Judge, this writ

petition is disposed of, directing the Sub Court, Thiruvananthapuram

to dispose of E.P.No.206/2002 in L.A.R.No.240/1994 on the files of

the Additional Sub Court, Thiruvananthapuram, as expeditiously as

possible, at any rate, not later than 06.12.2021.

The original petition is allowed as above.

Sd/-

BECHU KURIAN THOMAS, JUDGE RKM OP(C).No.40 OF 2014(O)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE E.P NO 206/2002 IN L.AR NO 240/1994 ON THE FILES OF THE ADDITIONAL SUB COURT, THIRUVANANTHAPURAM

EXHIBIT P2 THE TRUE COPY OF THE DECREE PASSED BY II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM DATED 21-12-2001

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 22-08-2006

EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 16-10-2007 IN WPC 30660/2007