O.P.(C) No. 3159 of 2018 sought expeditious disposal of execution proceedings in L.A.A. No. 1281/2008 regarding a dispute over the balance compensation amount. The Court dismissed the petition, directing the lower court to complete the execution proceedings within ten months.
Direction to the lower court to conclude execution proceedings within ten months.
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 SATHISH NINAN
WEDNESDAY, THE 23RD DAY OF JANUARY 2019/3RD MAGHA, 1940
O.P.(C)No.3159 of 2018
(SEEKING FOR AN EXPEDITIOUS DISPOSAL OF EXECUTION PROCEEDINGS IN L.A.A.No.1281/2008 OF HIGH COURT OF KERALA)
PETITIONERS:
1 G. SASIKUMAR, AGED 61 YEARS, S/O. GOPINATHAN NAIR, RESIDING AT TC 27/1873, KRISHNA BAGH, COVENT ROAD, VANCHIYOOR, THIRUVANANTHAPURAM-35.
2 G. SATHEESH KUMAR, AGED 55 YEARS, S/O. GOPINATHAN NAIR, RESIDING AT TC 9/565, SANU, STREET E-4, JAWAHAR NAGAR, KOWDIAR, THIRUVANANTHAPURAM-35.
BY ADVS. SRI.R.S.KALKURA SMT.P.ANJANA SMT.R.BINDU SRI.HARISH GOPINATH SRI.M.S.KALESH
RESPONDENTS:
1 DISTRICT COLLECTOR, COLLECTORATE, KUDAPPANAKUNNU, THIRUVANANTHAPURAM-695 043.
2 THE PRINCIPAL, GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE, THIRUVANANTHAPURAM-695 009.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O.P.(C)No.3159 of 2018
2
JUDGMENT
All that the petitioners seek for is an expeditious disposal of the execution proceedings in L.A.A.No.1281/2008. It appears that there is some dispute regarding the balance amount payable. I dispose of this original petition, directing the court below to take the execution proceedings to a logical conclusion as expeditiously as possible and at any rate within a period of ten months from the date of receipt of a copy of this judgment.
Sd/-
SATHISH NINAN
JUDGE
ss
O.P.(C)No.3159 of 2018
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN L.A.R. 95 OF 2002 DATED 20.7.2007 ON THE FILE OF THE 2ND SUBORDINATE JUDGE'S COURT, THIRUVANANTHAPURAM EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 10.2.2012 IN L.A.A.1281 OF 2008. EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN CIVIL APPEAL NO. S-9687 OF 2014 DTD 14.10.2014. EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN L.A.A. 1281 OF 2008 DATED 18.6.2015. EXHIBIT P5 TRUE COPY OF THE CALCULATION STATEMENT SUBMITTED BY THE SPECIAL TAHSILDAR IN L.A.R. IN THE EXECUTION STAGE BY THE RESPONDENTS. EXHIBIT P6 TRUE COPY OF THE OBJECTION DATED 27.6.2018 SUBMITTED BY THE PETITIONERS TO THE BALANCE STATEMENT SUBMITTED BY THE RESPONDENTS.
2 issues framed by the court
Whether the execution proceedings regarding land acquisition and compensation required expeditious disposal.
Whether the High Court could direct the lower court to conclude the execution proceedings within a specific timeframe.
G. Sasikumar
G. Satheesh Kumar
District Collector, Kudappanakkunnu
The Principal, Government Homeopathic Medical College, Thiruvananthapuram
Sathish Ninan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
