Kerala High Court
Sasidharan vs State Of Kerala on 24 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
OP(C) NO. 681 OF 2023
AGAINST THE ORDER/JUDGMENT LAR 10/2022 OF 2ND ADDITIONAL
DISTRICT COURT, THIRUVANANTHAPURAM
PETITIONER/CLAIMANT:
SASIDHARAN
AGED 71 YEARS
S/O. CHELLAPPAN,
KIZHAKKUMKARA PUTHEN VEEDU,
CHOWALLOOR MURI, VILAPPIL VILLAGE,
THIRUVANANTHAPURAM, PIN - 695 573.
BY ADV SRI .J.G.SYAMNATH
RESPONDENT/RESPONDENT:
STATE OF KERALA
REPRESENTED BY SPECIAL TAHSILDAR (L.A.) GENERAL,
CIVIL STATION, KUDAPPANAKUNNU P. O.,
THIRUVANANTHAPURAM, PIN - 695 043.
SRI. S. UNNIKRISHNAN - GP
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C).No.681 OF 2023
2
JUDGMENT
Dated this the 24th day of March, 2023
The original petition is filed to direct the Court of
the 2nd Additional District Judge, Thiruvananthapuram
to consider and dispose of LAR No.10 of 2022
expeditiously.
2. Pursuant to the order dated 17.03.2023
passed by this Court, the learned Additional District
Judge, by communication dated 22.03.2023, informed
this Court that LAR No.10 of 2022 was taken up for
orders on 14.12.2022. However, it was reopened for
the reason that the original settlement deed No.473 of
1991 was not produced by the petitioner, but only a
certified copy was produced. The court below
requires four months time to dispose of the reference,
OP(C).No.681 OF 2023
subject to the condition that the petitioner produces
the original settlement deed.
3. Heard Sri.J.G.Syamnath, the learned counsel
appearing for the petitioner and the learned
Government Pleader appearing for the respondent.
4. Sri.J.G.Syamnath submitted that the original
settlement deed No.473 of 1991 is irrevocably lost.
Therefore, the petitioner's not in a position to produce
the said document.
In the light of the pleadings and materials on
record and after perusing the communication of the
learned District Judge and taking into account the
submissions made by the counsel, in exercise of
supervisory powers of this Court under Article 227 of
the Constitution of India, I direct the Court of the 2 nd
Additional District Judge, Thiruvanathapuram, to
consider and dispose of LAR No.10 of 2022, in
accordance with law, as expeditiously as possible, at
any rate within a period of four months from today.
OP(C).No.681 OF 2023
Needless to mention, if the petitioner fails to produce
the original settlement deed, the court below shall
decide the case as enjoined in law.
Sd/-
C.S.DIAS
JUDGE
SPR
OP(C).No.681 OF 2023
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE CLAIM STATEMENT IN
LAR 10/2022 ON THE FILES OF 2ND ADDL.
DISTRICT COURT, THIRUVANANTHAPURAM.
EXHIBIT P2 A TRUE COPY OF THE LAND TAX PAID RECEIPT
OF THE PROPERTY DATED 25-06-2021 ISSUED
TO THE PETITIONER.
EXHIBIT P3 A TRUE COPY OF THE POSSESSION
CERTIFICATE OF THE PROPERTY DATED 24-09-
2020 ISSUED TO THE PETITIONER.
EXHIBIT P4 A TRUE COPY OF THE THANDAPPER REGISTER
OF THE PROPERTY ISSUED TO THE
PETITIONER.
EXHIBIT P5 A TRUE COPY OF THE ENCUMBRANCE DETAILS
DATED 07-01-2020 ISSUED TO THE
PETITIONER.
EXHIBIT P6 A TRUE COPY OF THE CERTIFIED COPY OF THE
SETTLEMENT DEED NO.473/1991.
EXHIBIT P7 A TRUE COPY OF THE AFFIDAVIT FILED BY
THE PETITIONER.
EXHIBIT P8 A TRUE COPY OF THE B-DIARY PROCEEDINGS
OF THE 2ND ADDL. DISTRICT COURT,
THIRUVANANTHAPURAM IN LAR 10/2022.
RESPONDENTS EXHIBITS: NIL.
