IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 WP(C).No. 11685 of 2009(O) -------------------------- LAR.61/1987 of I ADDL. SUB COURT, TRIVANDRUM .................... PETITIONER: ---------------- R.RADHAKRISHNA PILLAI, CHAKKALAYIL VEEDU, KADATHOOR, THAZAHAVA VILLAGE, KARUNAGAPPALLY. BY ADV. MR.JOHN K.GEORGE MR.P.K.VARGHESE RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE SPECIAL TAHSILDAR LA (NH), THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.11685 of 2009 - O --------------------------------- Dated this the 30th day of October, 2009 J U D G M E N T The decree holder in L.A.R.No.61 of 1987 of Sub Court, Thiruvananthapuram has filed this writ petition seeking the following relief: “To issue a writ of mandamus directing the Sub Court, Thiruvananthapuram to expedite hearing of E.P.No.7 of 2003 in respect of L.A.R.No.61 of 1987 and to dispose it within 30 days.” 2. Compensation awarded has not been deposited by the judgment debtor State is the grievance espoused by the petitioner for issue of a writ, direction or order to the execution court to expedite the execution proceedings over the award. 3. Notice being given, learned Government Pleader has entered appearance for the respondents. 4. At the time of hearing it is submitted by the learned Government Pleader that in an execution first appeal, viz. E.F.A.No.4 of 2009, this Court has directed the court below to hear and dispose of the application moved by the judgment W.P.(C).No.11685 of 2009 - O 2 debtors seeking restitution of the excess amount already deposited in satisfaction of the award passed in the above case, within the time stipulated under the judgment. It is also submitted that the court below has been directed to dispose the petition of the judgment debtors within a period of six weeks. In the light of the above direction given in the execution first appeal referred to above, the learned counsel for the petitioner sought for disposal of this writ petition with a direction that after disposal of the petition of the judgment debtors the execution proceedings may also be directed to be completed, as expeditiously as possible. Taking note of the facts and circumstances presented and in particular that acquisition proceedings commenced much earlier even before 1988, I direct the court below to give top priority to the hearing of the execution proceedings, and once the application of the judgment debtors referred to above is disposed every endeavour shall be made to complete the execution proceedings within a period of four months from that date. W.P.(C).No.11685 of 2009 - O 3 Writ petition is disposed of as above. Hand over a copy of the judgment to the counsel for the petitioner on usual terms and the learned Government Pleader, and send a copy of the court concerned forthwith. S.S.SATHEESACHANDRAN, JUDGE. bkn/-