Laila Kochukunju vs State Of Kerala
2021 Latest Caselaw 13635 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
         THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                         OP(C) NO. 1023 OF 2021
  AGAINST THE ORDER/JUDGMENT IN LAR 151/2019 OF ADDITIONAL DISTRICT
           COURT & SESSIONS COURT - II, ALAPPUZHA, ALAPPUZHA
PETITIONER/S:

             LAILA KOCHUKUNJU
             AGED 49 YEARS
             KOCHAYYATH HOUSE, ADINADU SOUTH, KULASEKHARAPURAM,
             KARUNAGAPPALLY, KOLLAM DISTRICT.

             BY ADVS.
             K.P.SATHEESAN (SR.)
             P.MOHANDAS (ERNAKULAM)
             S.VIBHEESHANAN
             K.SUDHINKUMAR
             S.K.ADHITHYAN
             SABU PULLAN
             GOKUL D. SUDHAKARAN



RESPONDENT/S:

     1       STATE OF KERALA
             REPRESENTED BY THE SPECIAL TAHSILDAR (LA) (RAILWAYS),
             KAYAMKULAM, ALAPPUZHA - 690 106.

     2       SOUTHERN RAILWAY
             REPRESENTED BY THE DIVISIONAL MANAGER, DIVISIONAL OFFICE,
             SOUTHERN RAILWAY, THYCAUD, THIRUVANANTHAPURAM - 695 001.


THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01.07.2021, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NOs. 1023 OF 2021
                                     2




                               JUDGMENT

Dated this the 1st day of July, 2021

The petitioner is the decree holder in LAR No. 151 of 2019 of

the Court of Land Acquisition, Rehabilitation and Resettlement

Authority, Alappuzha. The petitioner has sought to realize the

amount due under the decree by filing EP No. 248 of 2020. The

prayer in this original petition is for a direction to the Authority to

consider and pass orders on the execution petition expeditiously.

In the report called for by this Court, the Authority has stated as

under:-

"The decree holder in LAR 151/19 on the file of this

authority had filed EP 248 /20 on 17.7.2020. Along with the EP,

she had filed EA 96/20 for attachment of two vehicles owned by

State of Kerala(JDI). Notice was ordered in both petitions and

the petitions were posted to 05.10.20 for return of notice. But

due to the restrictions imposed following the spread of COVID-

19, the petitions were not called in open Court and were

notified to 14.12.2020, 15.02.2021,21.04.2021 and 15.06.2021.

OP(C) NOs. 1023 OF 2021

The JD's/respondents did not file vakkalath or memo of

appearance so far."

2.The learned Authority has also stated that earnest efforts

will be taken to the dispose the EP within six months.

3.I have heard the learned Standing Counsel for the railways

and the learned Government Pleader also.

In the light of the report, the original petition is disposed of

directing the Land Acquisition, Rehabilitation and Resettlement

Authority Alappuzha to dispose EP No. 248 of 2020 in LAR

No.151 of 2019 within six months of receipt of a copy of this

judgment.

Sd/-

V.G ARUN JUDGE

SJ OP(C) NOs. 1023 OF 2021

APPENDIX OF OP(C) 1023/2021

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE AWARD PASSED BY THE COURT OF THE LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY, ALAPPUZHA DATED 13.02.2020 IN L.A.R. NO.151/2019.

EXHIBIT P2 TRUE COPY OF THE E.P.NO.248/2020 IN L.A.R.

NO.151/2019 FILED BY THE PETITIONER BEFORE THE COURT OF THE LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY, ALAPPUZHA DATED 04.07.2020.