James Varghese vs State Of Kerala
2022 Latest Caselaw 11857 Ker

OP(C) NO. 1708 OF 2022
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             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA, 1944
                         OP(C) NO. 1708 OF 2022
  AGAINST THE ORDER/JUDGMENT IN OPARB 50/1994 OF PRINCIPAL SUB
                  COURT / COMMERCIAL COURT, TRIVANDRUM
PETITIONER/S:

            JAMES VARGHESE
            AGED 66 YEARS
            S/O. K.C. VARGHESE,
            KAKKANATTUPARAMBIL, KALAMPOOR, ENANALLOOR P.O.,
            MUVATTUPUZHA, PIN - 686673

            BY ADV JAMES ABRAHAM (VILAYAKATTU)



RESPONDENT/S:

    1       STATE OF KERALA
            REPRESENTED ITS SECRETARY, IRRIGATION
            DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695001

    2       THE SUPERINTENDING ENGINEER
            KALLADA IRRIGATION PROJECT
            CIRCLE, KOLLAM., PIN - 691308


     THIS    OP     (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
21.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1708 OF 2022
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                             JUDGMENT

The original petition is filed, interalia, to direct the

Court of the Principal Subordinate Judge,

Thiruvananthapuram to consider and dispose of OP (Arb.)

No.50/1994 within a time frame.

2. Pursuant to the order dated 23.09.2022 passed by

this Court, the learned Principal Subordinate Judge, by

communication dated 07.10.2022, has informed this Court

that OP(Arb.) No.50/1994 is not pending before the court

below. The said original petition was closed on 08.06.2007.

Now, the petitioner has filed IA No.137/2021 to take back

the case on record. The application was posted to

19.10.2022. The same was objected by the respondent. The

court below would dispose of IA No.137/2021 on or before

15.11.2022. A decision, whether OP(Arb.) No.50/1994 is to

be disposed of or not will be taken only after a decision is

taken on IA No.137/2021.

3. Heard; Sri. James Abraham, the learned counsel OP(C) NO. 1708 OF 2022

appearing for the petitioner and Smt.Sylaja, the learned

Government Pleader appearing for the respondents.

On a consideration of the pleadings and the materials

on record, after perusing the communication of the learned

Principal Subordinate Judge and in exercise of the

supervisory powers of this Court under Article 227 of the

Constitution of India, I direct the Court of the Principal

Subordinate Judge, Thiruvananthapuram to consider and

dispose of IA No.137/2021 in accordance with law, as

expeditiously as possible, at any rate within a period of one

month from the date of receipt of a certified copy of the

judgment. The original petition is ordered accordingly.

Sd/-

C.S.DIAS, JUDGE rkc/21.12.2022 OP(C) NO. 1708 OF 2022

APPENDIX OF OP(C) 1708/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE ARBITRATION AWARD DATED 20.4.1994 PASSED BY THE SOLE ARBITRATOR.

Exhibit P2 A TRUE COPY OF THE JUDGMENT DATED 9.7.2013 IN O.P. 4206/1998.

Exhibit P3 A TRUE COPY OF THE JUDGMENT DATED 4.5.2022 IN CIVIL APPEAL NO. 62.58/2014 AND CONNECTED CIVIL APPEALS.

Exhibit P4 A TRUE COPY OF THE LETTER DATED 15.6.2017 ISSUED BY THE CHRISTIAN MEDICAL COLLEGE & HOSPITAL, VELLORE.