IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 OP(C).No. 3057 of 2011(O) -------------------------------- (LAR NO.148/87 OF IIND ADDL. SUB COURT, THIRUVANANTHAPURAM) ................... PETITIONERS ---------------- 1. RAJI LEKSHMY,D/O.LATE KAMALA BAI, RAJI NIVAS,NETTAYAM,MANIKANTESWARAM PO, THIRUVANANTHAPURAM 695 013. 2. RAMA KRISHNA PRASAD,S/O.LATE SADASIVAN NAIR,RAJI NIVAS, NETTAYAM,MANIKANTESWARAM PO, THIRUVANANTHAPURAM 695 013. 3. RAJENDRA NATH,S/O.LATE SADASIVAN NAIR, RAJI NIVAS,NETTAYAM,MANIKANTESWARAM PO, THIRUVANANTHAPURAM 695 013. 4. BHAGAVATHI CHARAN,S/O.LATE SADASIVAN NAIR,RAJI NIVAS,NETTAYAM,MANIKANTESWARAM PO, THIRUVANANTHAPURAM 695 013. BY ADVS. SRI.S.KRISHNAKUMAR SMT.K.V.JEYANTHI RESPONDENT(S): --------------------- STATE OF KERALA,REP.BY ITS CHIEF SECRETARY,THIRUVANANTHAPURAM 695 001. BY GOVT. PLEADER SRI.T.K.SAJEEV THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P.(C). NO.3057/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF DECREE IN LAR NO.148/87 BEFORE THE 2ND ADDITIONAL SUB COURT, THIRUVANANTHAPURAM. P2: COPY OF THE DECREE IN LAA NO.1177/92 OF THE HONOURABLE HIGH COURT OF KERALA. P3: COPY OF EXECUTION PETITION FILED IN LAR NO.148/87. P4: COPY OF THE BALANCE STATEMENT IN LAR. NO.148/87. P5: COPY OF THE ATTACHMENT REPORT IN LAR. NO.148/87. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P.JOSEPH, J. ==================================== O.P(C) No.3057 of 2011 ==================================== Dated this the 23rd day of September, 2011 J U D G M E N T In connection with acquisition of property of petitioners, they requested for a reference, it was acceded to and the reference was filed as L.A.R. No.148 of 1987 by the learned Second Additional Sub Judge, Thiruvananthapuram. Enhanced compensation was awarded to the petitioners. I am told that respondent challenged that award in this Court in L.A.A. No.1177 of 1992, but failed. Petitioners filed Ext.P3, application for execution of the award. They also filed statement showing balance amount due but it was not paid. Petitioners were constrained to file Ext.P5, application for attachment of the VJT Hall, Thiruvananthapuram. Learned counsel tells me that the attachment was effected. Still, respondent was in no mood to deposit the amount due to the petitioners. Hence this petition for a direction to the learned Sub Judge to dispose of the execution petition as early as possible. 2. I have heard learned Government Pleader for respondent also. O.P(C) No.3057 of 2011 -: 2 :- 3. If further amount is due to the petitioners it is unfortunate that the Government did not pay the amount to the petitioners. It should have done so at least when coercive steps were initiated. For, it is compensation awarded by court for depriving petitioners of their property. If the Government is in no mood to pay the amount if any due to the petitioners and is not concerned about their difficulties, the court cannot and should not feel helpless. The court has to act firmly and without delay. Original Petition is disposed of directing the learned Second Additional sub Judge, Thiruvananthapuram to dispose of Ext.P3, execution petition in L.A.R. No.148 of 1987 as early as possible giving it all priority and ensure that the amount if any due to petitioners is recovered and paid to them. THOMAS P. JOSEPH, JUDGE. vsv