IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932 WP(C).No. 19863 of 2010(G) ---------------------------------------- AGAINST THE ORDER DATED 23/03/2010 IN EP.309/08 IN LAR.189/2000 of PRINCIPAL SUB COURT,KOLLAM .................... PETITIONER(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, KOLLAM. 2. R. BIJU, PRESENTLY WORKING AS THE DEPUTY COLLECTOR (LA), KOLLAM. BY GOVT. PLEADER MR.K. RAMESH RESPONDENT(S): -------------------------- 1. P.N. RAGHAVAN, PONNALAYAM, VARAVILA, VAVVAKKAVU MURI, ALAPPADU VILLAGE, PIN-690 528. 2. N. GOPALAKRISHNAN, DHARMALAYAM, ALUMPEEDIKA, AYIRAMTHENGU, ALAPPADU, PIN-690 547. 3. K.SARASWATHY, GEETHABHAVANAM, PILAPPUZHA MURI, HARIPPADU VILLAGE, PIN-690 514. 4. K. RAJAMMA, KATTAYATHU PADINJARETHARAYIL ALUMPEEDIKA P.O., PIN--690 547. 5. K. PRABHAVATHY, CHIRAKKALKUTTIYIL THEKKATHIL, KAPPIL EAST, OACHIRA, PIN-690 526. 6. SUBHADRA, NEDUMPILASSERIL, KADATHOOR MURI, ALAPPAD VILLAGE, PIN--690 523. WP(C).No. 19863 of 2010(G) 7. NANU, PUTHENPURAYIL, AZHEEKAL THURA, ALAPPADU VILLAGE, PIN-690 547. 8. P.N. SIVARAJAN, PUTHENPURAYIL, AZHEEKAL THURA, ALAPPADU VILLAGE, PIN-690 547. 9. INLAND WATER WAYS AUTHORITY OF INDIA (MINISTRY OF SHIPPING, GOVERNMENT OF INDIA) REGIONAL OFFICE, PARAMARA ROAD, KOCHI-682 018. R9 BY ADV. SRI.V.SANTHARAM, SC, IWAI, SRI.AUGUSTINE PARAKKATTIL, SC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19863 of 2010(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE DECREE PASSED IN LAR NO.189/2000. EXT.P2: COPY OF THE JUDGMENT IN LAA NO.2065/2008 DATED 18/01/2010. EXT.P3: COPY OF THE BOND EXECUTED BY THE DEPUTY COLLECTOR, KOLLAM. EXT.P4: COPY OF THE ORDER PASSED BY THE PRINCIPAL SUB COURT, KOLLAM IN E.P. NO.309/2008 IN LAR NO.189/2000 DATED 29/03/2010. EXT.P5: COPY OF THE COMMUNICATION ISSUED TO THE DISTRICT TREASURY OFFICER, KOLLAM DATED 28/04/2010. RESPONDENT'S EXHIBITS: EXT.R9(a): COPY OF THE LETTER DATED 28/12/2007 AND THE DETAIL STTEMENT ISSUED BY THE SPECIAL TAHSILDAR, KOLLAM. EXT.R9(b): COPY OF THE LETTER DATED 30/06/2010 WITH A DETAIL CALCULATION STATEMENT SIGNED BY THE SPECIAL TAHSILDAR. EXT.R9(c): COPY OF THE DETAILS OF FUND PROVIDED TO VARIOUS DISTRICT COLLECTORS AND THE EXPENDITURE DETAILS OF THE ACQUSITION OF LAND FOR IWAI TERMINALS AND WIDENING OF NARROW CANALS NW-3. EXT.R9(d): COPY OF THE LETTER NO.A7-990/07 DATED 24/07/2010 ISSUED BY THE SPECIAL TAHSILDAR INTIMATING THE TOTAL BALANCE AMOUNT AVAILABLE WITH HIM. //TRUE COPY// P.A. TO JUDGE rs. P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 19863 OF 2010 -------------------------- Dated this the 17thday of September, 2010 J U D G M E N T Sri. K.Ramesh, the learned Government Pleader appearing for the petitioners submits that the entire decree debt in LAR No.189 of 2000 has been deposited in the Execution Court and that the Execution Petition was closed on 2.8.2010. He submits that in such circumstances, Exts.P4 and P5 orders may be set aside. Though respondents 3 to 6 and 8 have been served, they have not entered appearance. In such circumstances, I am proceeding on the basis that the award in LAR No.189 of 2000 has been satisfied upon payment of the award amount. I accordingly allow the writ petition and set aside Exts.P4 and P5 orders. P.N.RAVINDRAN, (JUDGE) vps WPC No. 2