IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 Con.Case(C).No. 1367 of 2009(S) ------------------------------- AGAINST THE JUDGEMENT IN WPC.15074/2009 .................... PETITIONER(S): PETITIONERS -------------------------- 1. GEORGE AMBOOKEN, AGED 58 YEARS, S/O.KOUCHOUSEPH,AMBOOKEN HOUSE, LOKAMALESWARAM, KODUNGALLUR. 2. LYZA GEORGE, AGED 53, AMBOOKEN HOUSE, LOKAMALEWARAM, KODUNGALLUR BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENT(S): 1ST RESPONDENT ----------------------------- DAVIS, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, THE SPECIAL TAHASILDAR, O/O.THE DEPUTY COLLECTOR AND COMPETET AUTHORITY, ACQISITION FOR NATIONAL HIGHWAY KODUNGALLUR BYE PASS, KODUNGALLUR BY GOVT. PLEADER SRI.P.M.MANOJ THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 05/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- Cont. Case(C).No.1367 OF 2009 ------------------------------------------- Dated this the 5th day of April, 2010 JUDGMENT The respondent has filed an affidavit. He says that he has loss of memory. He also says that he has certain physical incapacities. He attributes these reasons for the delay in carrying out his duties and responsibilities. In the affidavit, he takes the stand that he is unable to pass award in the case of the petitioner because of the large variation in the valuation of the property by the petitioner in a settlement deed executed by him and the amount claimed in the acquisition proceedings. All that was directed in the judgment was to consider passing the award without insisting on heirship certificate regarding the transferrer of the property. Though the respondent has filed an affidavit, the learned Government Pleader submits that as of now, the respondent has passed an award. If that be so, the award being one under the National Highways Act, the remedy, if any, for the petitioner, if aggrieved, will be to seek relief in terms of that COC.1367/09. 2 legislation by way of arbitration or otherwise. Having regard to the facts, I am inclined to impose an order of fairly heavy costs on the respondent. But I desist from doing so taking into consideration the different aspects that he has stated in his affidavit regarding his health condition and also the family that he supports. With the fact that the respondent has passed an award, I do not find any ground to further proceed with this contempt of courts case. This case is hence closed without prejudice to the petitioner's right, if any, to challenge the award that is stated to have been passed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.06/04.