IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 WP(C).No. 14505 of 2009(O) -------------------------- LAR.2/1997 of PRINCIPAL SUB COURT,ATTINGAL .................... PETITIONER(S): --------------- M.A.AYOOB,S/O.MUHAMMED HANEEFA, PARAMBIL VEEDU, ODAYAM, EDAVA VILLAGE, VARKALA, THIRUVANANTHAPURAM. BY ADV. SMT.M.HEMALATHA RESPONDENT(S): --------------- 1.THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. 2.THE EXECUTIVE DIRECTOR OF ACQUA CULTURE, KERALA (ADAK), THIRUVANANTHAPURAM-14. BY SR.GOVT.PLEADER P.K.RAVIKRISHNAN ADV.SRI.C.A.JOY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.14505 OF 2009 () ----------------------------------- Dated this the 28th day of August, 2009 J U D G M E N T The writ petition is filed seeking mainly the following reliefs: i. to call for the records leading to Ext.P4 and to issue a writ of certiorari or any other appropriate writ, order or direction quashing the same. ii. to direct the learned Sub Judge, Attingal to take back Ext.P3 and to reconsider and pass appropriate orders on the same. Petitioner is one of the claimants in L.A.R.No.2 of 1997 on the file of the Principal Sub court, Attingal. In the appeal preferred against the award passed on the reference by the requisitioning authority, this Court set aside the award and remitted the case granting permission to the authority to get WPC.14505/09 2 itself impleaded as an additional respondent before the court below, subject to the condition of depositing 50% of the enhanced compensation. Though the deposit was made as directed, within the time, no application was filed by the requisitioning authority to get itself impleaded in the reference before the court below. After a span of nearly four years, the claimants approached for restoration of the reference before the court below, but, it was dismissed by Ext.P4 order. On the application moved by the requisitioning authority in W.P.(C).No.21196 of 2003, I have today granted the requisitioning authority extension of time till 19.9.2009 to get itself impleaded as an additional respondent, condoning the delay. In the light of the above order granting extension of time in the other writ petition W.P.(C).No.21196 of 2003, no further relief is sought for by the petitioner in the present writ petition other than setting aside of Ext.P4 order directing the court below to reconsider the matter afresh after the requisitioning authority gets impleaded as an additional respondent in the reference. Ext.P4 order is set aside, and the court below, after impleadment of the requisitioning authority, WPC.14505/09 3 subject to their moving an application within the time fixed, shall dispose the reference as expeditiously as possible, at any rate, within a period of six months from the date of receipt of a copy of this judgment. With the above observations, the writ petition is disposed. Handover a copy of the judgment to the counsel on both sides on usual terms and send a copy of the judgment to the court below forthwith S.S.SATHEESACHANDRAN JUDGE prp