High Court disposed of Original Petition claiming delay in final decree disposition and Land Acquisition References. Ordered Sub Court to conclude specific matter by 30.09.2019 and Commissioner to file report expeditiously.
Direction to Sub Court to dispose of final decree application by 30.09.2019 and Advocate Commissioner to file report expeditiously.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 21ST DAY OF MAY 2019 / 31ST VAISAKHA, 1941
OP(C).No. 1172 of 2019
AGAINST THE ORDER/JUDGMENT IN OS 94/1998 of SUB COURT,NEYYATTINKARA
PETITIONER:
JOSE JOSEPH, AGED 72 YEARS, OWN AFFAIRS, S/O.LATE E.P.JOSEPH, ERUPUKATTU VEEDU, CHENAPPADI, KKOOVAPPALLI, KOTTAYAM, PRESENTLY RESIDING AT NO.MRA 137/A, MANNAMOOLA, PERUKADA P.O., THIRUVANANTHAPURAM- 695005.
BY ADVS. SRI.N.SUBRAMANIAM SMT.USHA NARAYANAN SRI.M.S.NARAYANAN SRI.P.T.GIRIJAN
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, CIVIL STATION, KADAPPANAKUNNU, THIRUVANANTHAPURAM695001.
2 THE VINZHINJAM INTERNATIONAL SEA PORT LTD., REP. BY ITS MANAGING DIRECTOR, I FLOOR, “VIPANCHIKA TOWERS, NEAR GOVERNMENT GUEST HOUSE, THYCAUD P.O., THIRUVANANTHAPURAM- 695014.
3 N.RAVEENDRAN, AGED 74 YEARS, S/O.LATE NARAYANAN, AZHANKAL VEEDU, MULLOOR P.O., VIZHINJAM, THIRUVANANTHAPURAM, PRESENTLY RESIDING AT BINDHU BHAVAN, ANAKUZHI, KOTTIYAM P.O., KOLLAM- 691571.
GP SRI.DILIP.S
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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OP(C).No. 1172 of 2019
JUDGMENT
The grievance of the petitioner is regarding the delay in the disposal of the final decree application I.A. No.1598/2008 in O.S.No.94/1998 pending before the Sub Court, Neyyattinkara and also the Land Acquisition Reference cases Nos.35/2012, 36/2012, 38/2012, 39/2012, 1/2013, 11/2013 and 13/2013.
OP(C).No. 1172 of 2019
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direction to the Advocate Commissioner to file the commission report expeditiously. Subject to the above, the petitioner will be free to pursue the reliefs in the L.A.R matters.
This OP is disposed of, accordingly.
Sd/SUNIL THOMAS JUDGE
bng/21.05.19
OP(C).No. 1172 of 2019
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTIFICATION DATED 16.03.2010 ISSUED BY THE SPECIAL TAHSILDAR, LAND ACQUISITION, VIZHINJAM INTERNATIONAL PORT.
EXHIBIT P2 TRUE COPY OF THE FORM OF REFERENCE TO COURT DATED 14.09.2012 ISSUED BY THE SPECIAL TAHSILDAR.
EXHIBIT P3 TRUE COPY OF THE FORM OF REFERENCE TO COURT DATED 14.09.2012 ISSUED BY THE SPECIAL TAHSILDAR.
EXHIBIT P4 TRUE COPY OF THE COMMON PRELIMINARY DECREE DATED 25.01.2003 PASSED IN O.S.NO.94/1998 & O.S.NO.164/2012 BY THE SUB COURT, NEYYATTINKARA.
EXHIBIT P5 TRUE COPY OF THE INTERIM COMMISSION REPORT DATED 28.01.2012 IN O.S.NO.94/1998 OF THE SUB COURT, NEYYATTINKARA.
EXHIBIT P6 TRUE COPY OF THE INTERIM COMMISSION REPORT DATED 20.12.2016 IN O.S.NO.94/1998 OF THE SUB COURT, NEYYATTINKARA.
EXHIBIT P7 TRUE COPY OF THE INTERIM COMMISSION REPORT DATED 23.03.2018 IN O.S.NO.94/1998 OF THE SUB COURT, NEYYATTINKARA.
EXHIBIT P8 TRUE COPY OF THE INTERIM COMMISSION REPORT DATED 23.06.2018 IN O.S.NO.94/1998 OF THE SUB COURT, NEYYATTINKARA.
RESPONDENTS EXHIBITS: NIL
3 issues framed by the court
Whether the original petition can be disposed of without issuing notice to the respondents given the limited reliefs.
Whether the Sub Court is directed to dispose of the final decree application and Land Acquisition Reference cases with a time limit.
Whether the Advocate Commissioner is directed to file the commission report expeditiously.
Jose Joseph
State of Kerala
The Vinzhinjam International Sea Port Ltd.
N.Raveendran
Smt. Devaki
Smt.Kalyani
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
