IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 WP(C).No. 22544 of 2009(O) ----------------------------------- AGAINST THE ORDER DATED 03/08/2009 IN EA 1/09 IN EP 50/03 IN AP.214/2001 of ADDL.D.C. & ADDL.MACT,ALAPPUZHA. .................... PETITIONER(S): ------------------------ K.KUTTAN, S/O.KARUMBAN, AGED 70, VALIYAKALATHINALPULATHARAYIL, KATTANAM P.O., MAVELIKKARA TALUK, ALAPPUZHA DISTRICT. BY ADV. DR.V.N.SANKARJEE MR.VINCENT JOSEPH RESPONDENT(S): ------------------------- 1. MAHARASHTRA APEX CORPORATION LIMITED, MANIPAL, REP.BY POWER OF ATTORNEY HOLDER T.P.PREMAN, S/O.KRISHNAN, 'GURU VILASAM', NETTOOR P.O., THALASSERY. 2. LEELA.K., W/O.KUTTAN, 'KARTHIKA', VALLIKKUNNAM P.O., MAVELIKKARA. 3. RAJENDRAN, S/O.GOVINDAN, KADUVINAL P.O., VALLIKUNNAM P.O., MAVELIKKARA. 4. REJI UMMAN, S/O.UMMAN, AGE NOT KNOWN TO THE PETITIONER, MANALIL VEEDU, CHANGAPUZHA NAGAR, THRIKKAKARA VILLAGE, ERNAKULAM DISTRICT. R1 BY ADVS.MR.RUSSEL JOY, MR.JOHN JOSEPH(ROY). R4 BY ADV.MR.V.J.JAMES THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.22544/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RELEASE DEED DT.17.3.1983 BEARING NO.770/83 ON THE FILE OF SRO BHARANIKKAVU. P2:- COPY OF THE EP. NO.50/03 IN APPENDIX.214/01 ADDL. DISTRICT COURT, ALAPPUZHA. P3:- COPY OF THE AWARD DTD. 19.12.01. P4:- COPY OF THE EA. NO.152/09 IN EA. 1/09 IN EP. 50/03 IN APPENDIX. NO.214/01 FILED BY THE PETITIONER DTD. 23.7.09. P5:- COPY OF THE ORDER OF THE ADDL. DISTRICT COURT, ALAPPUZHA DTD. 3.9.09 IN EA. 152/09 IN EA. 1/09 IN E. 50/03 IN APPENDIX. NO.214/01. P6:- COPY OF THE LETTER ISSUED BY THE IST RESPONDENT TO THE 2ND RESPONDENT. R4(a):- COPY OF THE ORDER DTD. 20.2.06 IN EA. 8/06 FILED BY THE 2ND RESPONDENT AND THE PETITIONER. R4(b):- COPY OF THE AFFIDAVIT AND PETITION EA. 44/08 DTD. 2.4.08 FILED BY THE 2ND RESPONDENT AND THE PETITIONER. R4(c):- COPY OF THE ORDER DTD. 9.10.06 IN EA. 1/06. R4(d):- COPY OF THE EA. 74/08 ON 28.6.08 SEEKING CLARIFICATION IN THE ORDER DTD. 9.10.06. R4(e):- COPY OF THE SALES CERTIFICATE DTD. 17.10.08. R4(f):- COPY OF THE APPLICATION DT. 18.7.09 FILED BY SMT.MONY W/O. RAGHAVAN. R4(g):- COPY OF THE APPLICATION DTD. 18.7.09 FILED BY SMT.JANAKI. R4(h):- COPY OF THE APPLICATION DTD. 7.8.09 FILED BY SMT.LEELA TO REVIVE PETITION EA. 44/08 DTD. 2.4.08. TRUE COPY P.A. TO JUDGE tss P.BHAVADASAN, J. --------------------------------------- WP(C) No.22544 of 2009-P --------------------------------------- Dated 5th March 2010 Judgment In this Writ Petition filed under Article 227 of the Constitution of India, the petitioner seeks the following prayers : “i) Direct the Addl. District Court, Alappuzha to keep all the proceedings in abeyance in EA No.1/2009 in EP No.50/03 in AP 214/01 for a reasonable period as this Hon'ble Court deems fit. ii. Pass such other orders as this Honourable Court deems fit and proper in the interest of justice and for proper and effective adjudication of the case.” 2. The petitioner claims to be a member of the Pulaya community and an Agricultural labourer by profession. He owns 15 cents of property comprised in Survey No.472/7 of Kattanam Village, in which he resides. The property originally belonged to his father. WPC 22544/09 2 3. According to the petitioner, in the first week of July 2009, he came to understand that his property has been proceeded against in execution of a decree. Upon enquiry, he came to know that an arbitration award has been passed against him and also that it was an ex parte award. The petitioner submits that he has not received any notice in this regard. He then learned that the decree holder had instituted EP No.50/03 in AP No.214/01 before the District Court, Alappuzha for execution of the award. It was then that the petitioner came to realise that his property is being proceeded with. The petitioner was able to get a copy of the award and found that he was a party to the proceedings. But, he did not receive any notice and he submits that he has not executed any document in favour of any person including the decree holder. The petitioner points out his property is not liable to be proceeded with and therefore, he prays that the proceedings in EP NO.50/03 in AP No.214/01 may be kept in abeyance. 4. The question as to whether the award was an ex parte award or whether the petitioner had notice of the WPC 22544/09 3 proceedings, are all matters to be agitated in appropriate proceedings and this Court need not consider them in this Petition. It is difficult to accept the plea of the petitioner in the light of the documents produced by the contesting respondents that he came to know about the above proceedings only in July 2009. If at all the petitioner has a case that all prior proceedings were without his knowledge, he may urge the said contention before the appropriate forum and not before this Court. 5. It was also brought to the notice of this Court that a CRP was filed before this Court against the delivery effected and that has been dismissed. This Court was further informed that the award has been challenged before the second Additional District Court, Alappuzha. 6. There is no merit in the present petition, since all the proceedings are already over. However, the second Additional District Court, Alappuzha is directed to take up Arbitration OP No.54/09 and dispose of the same in accordance with law as expeditiously as possible, at any rate within six months from the date of receipt of a copy of WPC 22544/09 4 this Judgment. The petitioner will be at liberty to move the Executing Court in accordance with law. The Writ Petition is dismissed with the above directions. P.BHAVADASAN, JUDGE sta WPC 22544/09 5