Kerala High Court
Elizabath Peter vs State Of Kerala on 23 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
OP(C) NO. 1043 OF 2022
IN LAR 12/2019 OF II ADDITIONAL DISTRICT COURT ,KOLLAM
PETITIONER/S:
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
S/O.ANDREW AUSTIN,
KURISSADI BHAVAN, PUNNATHALA CHERRY,
KOLLAM WEST VILLAGE, KOLLAM , PIN - 691001
5 CLETUS AUSTIN ( SOUGHT TO BE IMPLEADED )
NAVDEEP MUNDAKKAL EAST, KOLLAM ( SOUGHT TO BE
IMPLEADED )
6 EXECUTIVE ENGINEER ( SOUGHT TO BE IMPLEADED )
HARBOUR ENGINEERING DIVISION, GUEST HOUSE ROAD,
ASRAMAM, KOLLAM ( SOUGHT TO BE IMPLEADED )
O.P.(C)No.1043/2022
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7 JAMESON PETER ( SOUGHT TO BE IMPLEADED )
NO.19, VRINDAVANAM, SUBHASH CHANDRA BOSE ROAD,
CHETTICHIRA, VYTILLA P.O, KOCHI ( SOUGHT TO BE
IMPLEADED )
8 MARGARET LAWERENCE ( SOUGHT TO BE IMPLEADED )
MWRA - 127A, NEAR H & C, THUMBARA MARKET ROAD,
MUNDAKKAL WEST, KOLLAM ( SOUGHT TO BE IMPLEADED )
9 PHILOMINA AUSTIN ( SOUGHT TO BE IMPLEADED )
T.C 23, BNRA - 55, JAWAHAR NAGAR, KOWDIAR,
THIRUVANANTHAPURAM ( SOUGHT TO BE IMPLEADED )
10 SECRETARY, KOLLAM MUNICIPALITY ( SOUGHT TO BE
IMPLEADED )
CORPORATION OFFICE,KOLLAM ( SOUGHT TO BE IMPLEADED )
11 SATERNIUS AUSTIN ( SOUGHT TO BE IMPLEADED )
KURUSHADI BHAVAN, AUSTIN VILLA, ANCHUKALLUMMOODU,
THIRUMULLAVARAM, KOLLAM ( SOUGHT TO BE IMPLEADED )
BY ADVS. ALEX M SCARIA
SUJIN
SARITHA THOMAS(K/158/2010)
ALEN J. CHERUVIL(K/2248/2021)
SAHL ABDUL KADER(K/2210/2021)
SANJITH KUMAR R.(K/2475/2022)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C)No.1043/2022
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Dated this the 23rd day of December,2022
JUDGMENT
The original petition is filed to direct the Court of
the IInd Additional District Judge, Kollam, to consider and
dispose of LAR No.12/2019, within a time frame.
2. The petitioner's case is that, she is the third
claimant in the above land acquisition reference. As the
award passed by the Land Acquisition Officer was
inadequate and on the lower side, the above reference
was made. The reference is being adjourned from time
to time. Hence, the court below may be directed to
consider and dispose of the reference within a time
frame.
3. The respondents 3, 6 and 7 have filed a counter
affidavit, inter alia, contending that they have filed a
detailed counter statement raising the claim for injurious
affection in respect of the remaining property, which has
not been included in the present acquisition proceedings.
O.P.(C)No.1043/2022
The said property needs to be identified. Therefore,
their claim statement shall also be considered by the
court below before disposing the reference.
4. 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 reference can be
disposed of within three months.
5. Heard; Sri. S. Sujin, the learned counsel
appearing for the petitioner, Sri. Alex.M.Scaria, the
learned counsel appearing for the respondents 3, 6 and 7
and Smt. Sylaja, S.L., the learned Government Pleader
appearing for the first respondent. Service is complete
on the other respondents.
On a consideration of the pleadings and materials
on record and after perusing the communication of the
learned Additional District Judge-II, Kollam, and taking
note of the contentions raised in the counter affidavit
O.P.(C)No.1043/2022
filed by the respondents 3, 6 & 7, 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.12/2019, in accordance with law, after adverting
to the contentions raised by the respondents 3, 6 & 7, in
accordance with law and as expeditiously as possible, at
any rate, on or before 10.04.2023.
The original petition is ordered accordingly.
Sd/-
C.S.DIAS,JUDGE
DST/23.12.22 //True copy/
P.A.To Judge
O.P.(C)No.1043/2022
APPENDIX
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
RESPONDENT EXHIBITS
EXHIBIT R3(A) TRUE COPY OF THE JUDGMENT DATED 31/08/2000
IN LAR NO. 1/1989 OF THIS HON'BLE COURT.
EXHIBIT R3(B) TRUE COPY OF THE IA 3082/2011 IN LAA
1077/2003 OF THIS HON'BLE COURT.
EXHIBIT R3(C) TRUE COPY OF THE JUDGMENT IN LAA 1077/2003
DATED 09/12/2011 OF THIS HON'BLE COURT.
EXHIBIT R3(D) TRUE COPY OF THE CLAIM STATEMENT FILED BY
THE RESPONDENTS IN LAR 10/2019 BEFORE THE
2ND ADDITIONAL DISTRICT COURT, KOLLAM.
EXHIBIT R3(E) TRUE COPY OF THE APPLICATION FOR
APPOINTMENT OF COMMISSION FILED BY THE
RESPONDENTS IN LAR NO.10/2019 BEFORE THE
2ND ADDITIONAL DISTRICT COURT, KOLLAM.
