IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 OP(C).No. 3546 of 2011(O) ------------------------- EP.200/2004 of PRINCIPAL SUB COURT,TRIVANDRUM .................... PETITIONER(S): -------------------------- M.P.SURESH, AGED 46 YEARS, S/O.LATE M.K.PRABHAKARAN, CONTRACTOR, RESIDING AT MULLAMANGALATH HOUSE, KUREEKADU P.O., THIRUVANKULAM, KOTTAYATH PARA, ERNAKULAM DISTRICT-682 305. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY,GOVERNMENT SECRETRIAT, THIRUVANANTHAPURAM-695 001. 2. PRINCIPAL CHIEF CONSERVATOR OF FORESTS, (S.F & P), DEPARTMENT OF FORESTS, GOVERNMENT OF KERALA,THIRUVANANTHAPURAM-695 001. BY SPL.GOVERNMENT PLEADER SRI. T.R. RAVI THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OPC.NO.3546/2011 O APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1- A TRUE COPY OF THE JUDGMENT DATED 9/11/2009 OF THIS HONOURABLE COURT IN ARB.APPEAL NO.19/2005. EXHIBIT P2 A TRUE COPY OF EP NO.200/2004 IN OP (A) NO.9/1997 DATED 15/6/2004 FILED BY THE PETITIONER BEOFORE THE PRINCPAL SUB COURT, TRIVANDRUM. EXHIBIT P3 A TRUE COPY OF STATEMENT OF ACCOUNTS AS ON 10/1/2011 FILED BY PETITIONER IN EP NO.200/2004 IN OP (A) NO.9/1997 BEFORE THE PRINCPAL SUB COURT, TRIVANDRUM. EXHIBIT P4 A TRUE COPY OF ATTACHMENT PETITION AND ATTACHMENT SCHEDULE DATED 11/1/2011 IN EP NO.200/2004 FILED BY THE PETIITIONER BEFORE THE PRINCPAL SUB COURT, TRIVANDRUM. EXHIBIT P5 A TRUE COPY OF PROCEEDING SHEET IN EP NO.200/2004 PENDING BEFORE THE PRINCPAL SUB COURT,TRIVANDRUM. EXHIBIT P6 A TRUE COPY OF SLA ADVERTISEMENT NO.109/2010 DATED 30/09/2004 FOR RS.2,52,626/- + INTEREST FROM 29/9/2011 BY KANAYANNUR CO OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD, NO.E-326 TO THE PETITIONER. EXHIBIT P7 A TRUE COPY OF FINAL NOTICE NO.EBR/ML178/9106/11 DATED 19/2/2011 FOR RS.3,65.416 ISSUED BY KERALA STATE COOPERATIVE BANK LTD,ERNAKULAM BRANCH TO THE PETIITIONER. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3546 of 2011 -------------------------------------- Dated this the 2nd day of November, 2011. JUDGMENT Learned Government Pleader takes notice for respondents. 2. Petitioner has obtained a decree from the Principal Sub Court, Thiruvananthapuram in Arbitration O.P.No.9 of 1997 and sought its execution in E.P.No.200 of 2004. Though respondents challenged the decree, that was confirmed by this Court by Ext.P1, judgment in Arbitration Appeal No.19 of 2005. Petitioner filed E.P.No.200 of 2004 and Ext.P3, statement of accounts showing the amount due to him. Petitioner filed Ext.P4, application for attachment of `20,78,010/- lying in Account No.8782(103) 99, FR of the Timber Sales Division, Perumbavoor. Grievance of petitioner is that respondents are delaying payment of the amount. Petitioner has to discharge certain other liabilities and is in urgent need of money. Hence this Original Petition seeking a direction to the learned Principal Sub Judge to dispose E.P.No.200 of 2004 and Ext.P4, application for attachment. 3. Learned counsel for petitioner has highlighted the need of petitioner for money. It is prayed that a direction may be issued to the learned Principal Sub Judge to dispose of the execution petition and Ext.P4, application for attachment within a time frame so that petitioner could discharge his liabilities. OP(C)No.3546/2011 2 4. I have heard learned Government Pleader also. 5. The decree which is sought to be executed is dated 09.12.2002 and it was confirmed by Ext.P1, judgment dated 09.11.2009. Still, the decree remains unexecuted. Hence learned Principal Sub Judge has to expedite the proceedings in E.P.No.200 of 2004. Resultantly this Original Petition is disposed of directing the learned Principal Sub Judge, Thiruvananthapuram expedite proceedings in E.P.No.200 of 2004 and dispose of Ext.P4, application for attachment as early as possible as provided under law having regard to the grievance of petitioner and his need to get money at the earliest. In the meantime learned Government Pleader shall give necessary instruction to the respondents to deposit the amount due in the executing court giving it top priority. THOMAS P.JOSEPH, Judge. cks