IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 OP(C).No. 3416 of 2011(O) ------------------------------------- LAR.5/2009 of ADDL.SUB COURT,KOLLAM .................... PETITIONER -------------------- J.SALIM, S/O.JAFARKUTTY, ZAMZAM HOUSE, CHATHINAMKULAM, CHANDANATHOPPU P.O., KOLLAM. BY ADV. SRI. K.SIJU SRI.S.ABHILASH RESPONDENT(S): ------------------------ 1. MOHANAN, S/O.DAMODARAN, SOORYA, KOONAYIL, NEDUNGOLAM, PARAVOOR, KOLLAM DISTRICT, PIN 691301. 2. LILLY, W/O.MOHANAN, SOORYA, KOONAYIL, NEDUNGOLAM, PARAVOOR, KOLLAM DISTRICT, PIN 691301. 3. STATE BANK OF INDIA, REP.BY THE ASST. GENERAL MANAGER, RASMECCC (RETAIL ASSETS,SMALL AND MEDIUM ENTERPRISES CITY CREDIT CENTRE), RAVI'S ARCADE, NEAR IRON BRIDGE, KACHERRY P.O., KOLLAM- 691013. 4. THE SPECIAL TAHSILDAR (LAND ACQUISITION OFFICER), LA-1, LA OFFICE, IST FLOOR, CIVIL STATION, KOLLAM- 691013. R3 BY ADV. SRI.R.S.KALKURA, SC THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OPC. NO.3416/2011 APPENDIX PETITIONER(S) EXHIBITS P1.:-THE COPY OF IMPLEADING PETITION FILED BY THE 3RD RESPONDENT IN LAR NO.5/2009. P2:-THE COPY OF I.A.NO.189/2010 FILED BY THE PETITIONER FOR IMPLEADING AS ADDITIONAL CLAIMANT IN LAR NO.5/2009. P3:-THE COPY OF COMMUNICATION REGARDING THE DEPOSIT OF THE AMOUNT BY THE 4TH RESPONDENT DATED 14.1.2009. P4:-THE COPY OF AWARD PASSED IN LOK ADALATH DATED 24.9.2011. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3416 of 2011 -------------------------------------- Dated this the 25th day of October, 2011. JUDGMENT 3rd respondent appears through counsel. Learned Government Pleader took notice for the 4th respondent. Notice to respondents 1 and 2 is dispensed with in view of the decision I propose to take. 2. Petitioner is the 4th additional claimant in L.A.R.No.5 of 2009 of the court of learned Additional Sub Judge, Kollam. The claim for compensation was originally made by respondents 1 and 2. The 3rd respondent came into the picture on the strength of a security of the acquired property given to it. According to the petitioner, the Land Acquisition Officer passed award in favour of respondents 1 and 2 who are the prior owners of the property without noticing that the property was purchased by the petitioner/4th additional claimant. Reference was made under Section 31 of the Land Acquisition Act. In the meantime, it is said that dispute with the 3rd respondent was settled in the Adalath. Petitioner says that respondents 1 and 2 have no interest in the matter and that he has to clear the liability of 3rd respondent on getting compensation as per the award of the reference court. Reference case is pending from 2009 onwards and hence it is requested that learned Sub Judge may be directed to dispose of the proceeding. 3. Without understanding the volume of work of the court concerned OP(C)No.3416/2011 2 and priority for disposal of older cases I am not inclined to issue any direction for time bound disposal of the case. But having regard to the fact that reference is of the year 2009 and the acquisition was prior to that, it is necessary that the reference is answered as early as possible. Resultantly this Original Petition is disposed of directing the learned Additional Sub Judge, Kollam to dispose of L.A.R.No.5 of 2009 if steps on that reference are completed and there is no other legal impediment in its disposal as early as possible. THOMAS P.JOSEPH, Judge. cks