IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 OP(C).No. 2296 of 2011(O) ------------------------- LAR.164 & 165/2009 of ADDL.SUB COURT,NORTH PARAVUR .................... PETITIONER (S): -------------------- SHRI. MUKKANICKAL ANTONY,AGED 61, S/O.JOSEPH (LATE), REP.BY AUTHORISED AGENT AND POWER OF ATTORNEY HOLDER C.J.ANTONY, AGED 71 YEARS, S/O.OUSEPH (LATE)KARUKUTTY, ANGAMALLY,ERNAKULAM BY ADV. SRI.VINCENT RAPHAEL SRI.PRAVEEN K. JOY RESPONDENT(S): --------------- 1. STATEOF KERALA, REP.BY CHIEF SECRETARY, TRIVANDRUM-695001. 2. SPECIAL TAHSILDAR, IDAMALAYAR IRRIGATION PROJECT, ANGAMALY-683 287. BY GOVT. PLEADER SHRI T.K.SAJEEV THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 19/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO.2296/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE PHOTOSTAT COPY OF POWER OF ATTORNEY NO.35/10/2006 DATED 15.02.2006 OF SRO, SREEMOOLANAGARAM EXECUTED BY THE PRINCIPAL AND THE CLAIMANT SHRI MUKANICKAL ANTONY EXT.P2 TRUE PHOTOSTAT COPY OF ARGUMENT NOTES FILED ON 13.01.2011 EXT.P3 TRUE PHOTOSTAT COPY OF THE 'A' DIARY PROCEEDINGS PERTAINING TO LAR NO.165/2009 JOINTLY TRIED WITH LAR 164/2009 PENDING BEFORE ADDL.SUB COURT, NORTH PARUR. //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.2296 of 2011 -------------------------------------- Dated this the 19th day of July, 2011. JUDGMENT This Original Petition is for a direction to the learned Principal Sub Judge, North Paravur to take up L.A.R.Nos.164 and 165 of 2009 (of the court of learned Additional Sub Judge, North Paravur) and dispose of the same as early as possible. Petitioner is the power of attorney holder of claimant in L.A.R.No.165 of 2009 and one of the legal representatives as also power of attorney holder of other legal representatives of the original claimant in L.A.R.No.164 of 2009. Those reference cases are pending in the court of learned Additional Sub Judge, North Paravur. A joint trial was ordered, evidence was recorded and the matter was heard. At that time, respondents filed application to reopen the cases for marking a document. Learned Additional Sub Judge directed that the document could be marked through RW1 and now the cases stand posted on 20.07.2011 for examination of RW1 to mark the document. In the meantime, learned Additional Sub Judge who recorded the evidence and heard the cases was posted as Principal Sub Judge, North Paravur. The request of petitioner is that since evidence was recorded and matter was heard by learned Additional Sub Judge (who is now posted as Principal Sub Judge) the same Judge may be OP(C) No.2296/2011 2 directed to dispose of the reference cases. Learned Government Pleader has submitted that as stated earlier the cases now stand posted tomorrow (20.07.2011) for examination of RW1 for marking the document. 2. I called for a report from the learned Principal Sub Judge whether there is any impediment or difficulty to him to dispose of the reference cases if the same are transferred to his court. The Registrar (Judicial) after contacting the learned Principal Sub Judge has reported that learned Principal Sub Judge while acting as Additional Sub Judge had recorded evidence in the reference cases and that there is no impediment or difficulty for him to dispose of those cases if the same are transferred to his court. 3. Having regard to the circumstances stated I am inclined to think that it is appropriate that learned Principal Sub Judge, North Paravur disposed of the reference cases since evidence in those cases was recorded by him and the matter was once heard as well. If, in case RW1 is to be examined on 20.07.2011 learned Government Pleader may give instruction to the witness to wait until he is directed by the learned Principal Sub Judge to appear after the cases are transferred. OP(C) No.2296/2011 3 Resultantly this Original Petition is allowed. L.A.R.Nos.164 and 165 of 2009 pending in the court of learned Additional Sub Judge, North Paravur are withdrawn from that court and transferred to the court of learned Principal Sub Judge, North Paravur for disposal after giving respondents opportunity to mark the document as per the prior order. Registry shall intimate the gist of the judgment to the learned Principal Sub Judge and Additional Sub Juge, North Paravur immediately. THOMAS P.JOSEPH, Judge. cks