M. V Sreesan vs The Regional Officer
2024 Latest Caselaw 26312 Ker

Kerala High Court

M. V Sreesan vs The Regional Officer on 3 September, 2024

                                                     2024:KER:66883
               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

    TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946

                         OP(C) NO. 95 OF 2024

PETITIONERS:

    1     M. V SREESAN,
          AGED 50 YEARS
          S/O DEVIKUTTY. MEETHALE VEETTIL, ADUTHILA, PAZHAYANGADI
          P O, KANNUR-, PIN - 670303

    2     BARGHAVI DEVI M.V
          AGED 90 YEARS
          D/O KANNAN @ KUNHIKANNAN, KUNHI VALAPPIL HOUSE,
          THILANNOOR, THAZHECHOVVA, KANNUR-, PIN - 670018

    3     JANARDHANAN M. V
          AGED 82 YEARS
          S/O KANNAN @ KUNHIKANNAN,KUNHI VALAPPIL HOUSE,
          THILANNOOR, THAZHECHOVVA, KANNUR-, PIN - 670018

          BY ADVS.
          I.V.PRAMOD
          SAIRA SOURAJ P.
          MEGHA G.




RESPONDENTS:

    1     THE REGIONAL OFFICER
          NATIONAL HIGHWAY AUTHORITY OF INDIA T.C 86/1036-1,
          AMBLY ARCADE, S.N.N.R.A - 9, PETTAH P.O,
          THIRUVANANTHAPURAM, PIN - 695024

    2     SPECIAL TAHSILDAR (LA) N.H
          UNIT NO. II, CIVIL STATION, KANNUR-, PIN - 670002

          BY ADVS.
          LEJO JOSEPH GEORGE
 OP(C) No. 95 of 2024                :2:




                                                             2024:KER:66883


             E.C.KURIAKOSE(K/000467/2016)



      THIS    OP       (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
03.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) No. 95 of 2024                  :3:




                                                             2024:KER:66883


                        VIJU ABRAHAM , J.
             ===========================
                      OP(C) No. 95 of 2024
            ============================
            Dated this the 3rd day of September, 2024

                              JUDGMENT

Above original petition has been filed seeking a direction to the

Additional District Court-IV, Thalassery to dispose of OP(LA)NH No.

159 of 2022 and OP(LA)NH No. 160 of 2022 pending before the

Additional District Court-IV, Thalassery.

2. When the matter came up for consideration on

12.07.2024, this Court has called for a report from the District Court

concerned regarding the present stage of both these cases and the

time limit required for disposal of the same. A report dated

24.07.2024 has been filed, wherein it is stated that in both the cases

there are altogether 13 claimants, and claimant Nos. 1, 3 to 8 have

filed their claim statement, and the others have not filed their claim

statement yet. It is further reported that large number of cases are

pending consideration before the said Court and atleast eight

months time is required for disposal of the above two cases.

Taking into consideration the above facts and circumstances,

and taking into consideration the report dated 24.07.2024, I am

inclined to dispose of the original petition with a direction to the

2024:KER:66883

Additional District Court-IV, Thalassery to dispose of OP(LA)NH

No.159 of 2022 and OP(LA)NH No.160 of 2022 without much delay,

preferably within the time limit sought for in the report dated

24.07.2024.

Sd/-

VIJU ABRAHAM JUDGE

sbk/-

2024:KER:66883

APPENDIX OF OP(C) 95/2024

PETITIONER EXHIBITS

Exhibit-P1 A COPY OF COMMUNICATION SENDS BY 2ND RESPONDENT LA(NH) UNIT 2 KANNUR DATED 31/01/2022 TO THE PRINCIPAL CIVIL JUDGE, THALASSERY REFERRING THE LAC 5912

Exhibit-P 2 A COPY OF COMMUNICATION SENDS BY 2ND RESPONDENT LA(NH) UNIT 2 KANNUR DATED NIL TO THE PRINCIPAL CIVIL JUDGE, THALASSERY REFERRING THE LAC 5911B

Exhibit-P3 A TRUE COPY OF THE JUDGEMENT IN O.S NO.

360/2019 OF MUNSIFF COURT, KANNUR DATED 09/01/2023