IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 WP(C).No. 24770 of 2009(M) -------------------------- LAR.2/2002 of SUB COURT,KOTTARAKKARA .................... PETITIONER(S): --------------- CHADAYAMANGALAM GRAMA PANCHAYATH, CHADAYAMANGALAM.P.O. KOLLAM DIST., REP. BY ITS SECRETARY. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KOLLAM. 2. THE SPECIAL TAHSILDAR, L.A.NO.II, COLLECTORATE, KOLLAM. 3. GOVINDAPILLA RAVEENDRN PILLAI, VILAYIL PUTHAN VEEDU, POONKODU MURI, CHADAYAMANGALAM VILLAGE, KOTTARAKKARA TALUK KOLLAM DIST. 4. RUGMINI AMMA, W/O. RAVEENDRAN PILLAI, VILAYIL PUTHAN VEEDU, POONKODU MURI, CHADAYAMANGALAM VILLAGE, KOTTARAKKARA TALUK, KOLLAM DIST. R1, R2 BY GOVT. PLEADER SMT.K.R.DEEPA R3, R4 BY ADV. SRI.B.SURESH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.24770/09 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE AWARD IN LAC NO.1/2002(5) PASSED BY THE 2ND RESPONDENT. EXT.P2: COPY OF THE JUDGMENT DATED 17.8.04 IN LAR NO.2/02 AND CONNECTED REFERENCES OF THE SUB COURT, KOTTARAKKARA. EXT.P3: TRUE COPY OF THE COMMUNICATION NO.L.A.3-23696 DATED 11.5.2005. EXT.P4: TRUE COPY OF THE JUDGMENT DATED 23.6.08 IN WRIT PETITION NO. 25150/05 AND LAA OS.127/06, 706, 736 AND 774/08 OF THIS HON'BLE COURT. EXT.P5: TRUE COPY OF THE JUDGMENT DATED 3.7.2008 IN L.A.APPEAL NO.1175/8 OF THS HON'BLE COURT. EXT.P6: TRUE COPY OF THE EXECUTION PETITION NO.44/08 FILED BY RESPONDENTS 3 AND 4 BEFORE THE SUB COURT, KOTTARAKKARA ON 31.10.2008. EXT.P7: TRUE COPY OF THE COMMUNICATION WITH CALCULATION STATEMENT IN LAR NO.2/02 OF SUB COURT KOTTARAKKARA. EXT.P8: TRUE COPY OF THE SALE DEED NO.4524 DATED 21.12.2002 OF CHADAYAMANGALAM REGISTRY. RESPONDENT'S EXHIBITS: EXT.R3(a): A TRUE COPY OF THE JUDGMENT DATED 21.8.01 IN W.A.NO.3144/01 PASSED BY THIS HON'BLE COURT. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.24770 OF 2009 ------------------------------------------- Dated this the 9th day of November, 2009 JUDGMENT 1.LAR No.2/02 on the file of the Sub Court, Kottarakkara was decreed without the requisitioning authority on the party array. In a bunch of matters, that award was set aside as per Ext.P4 judgment at the instance of the requisitioning authority and the matters were remitted. But, LAA No.1175/08 filed by the State against the award in LAR No.2/02 remained unnoticed at that time. Later, that appeal was taken up. This Court confirmed the reference court's award as per Ext.P5 judgment. Apparently, it was not brought to the notice of this Court that the requisitioning authority had obtained Ext.P4 judgment and that the award of the reference court, which was the subject matter of LAA No.1175/08, no more survives. 2.This writ petition is filed by the requisitioning authority on the premise that in view of Ext.P5, the learned Sub Judge is not WPC.24770/09 2 proceeding with LAR No.2/02 on the basis of the remit made as per Ext.P4. It seeks a direction to the court below to pass a fresh award in LAR No.2/02 as per the directions issued by this Hon'ble Court in Ext.P4 judgment untrammelled by the observations made by this Court in Ext.P5 judgment. 3.Whatever be the technical arguments; on the priority of judgments Exts.P4 and P5, going by the chronological list of dates, I do not deem it appropriate to compel the learned Sub Judge to decide the issue. It is a matter of judicial propriety and of judicial discipline. The Subordinate Judge is apparently being guided by good principles to be practiced by officers in the judicial hierarchy. I deem it also inappropriate for me, sitting single, to meddle with the situation, particularly when the right royal remedy available to the petitioner is to seek review and thereby indulgence of the Bench which decided Ext.P5 matter. This is also in consonance with the view taken by the Division Bench in yet another matter, viz., Ext.R3(a). WPC.24770/09 3 For the aforesaid reasons, this writ petition is dismissed without prejudice to the petitioner's right to seek relief against Ext.P5, either by filing review or otherwise in accordance with law. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.11/11.