IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 OP(C).No. 1818 of 2011(O) ------------------------- LAR.41/2003 of SUB COURT, PALAI .................... PETITIONERS ------------------------------- 1. TESSY ALEX, MOOZHAYIL VEEDU, LALAM KARA AND VILLAGE, MEENACHIL TALUK. 2. ANNAKUTTY, DO. DO. BY ADV. SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKUZHY RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM-686 001 BY G.P.SRI.T.K.SAJEEV THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 1818 of 2011(O) PETITIONERS EXTS: EXT.P1: COPY OF EXECUTION PETITION FILED BY THE PETITIONERS EXT.P2: COPY OF THE B DIARY EXT.P3: COPY OF THE MEDICAL CERTIFICATE DTD.11.3.2011 RESPONDENT'S EXTS : NIL /TRUE COPY/ P.A.TO JUDGE K.T.SANKARAN, J. --------------------------------- O.P(C)No.1818 OF 2011 --------------------------------- Dated this the 20th day of June, 2011 JUDGMENT The property belonging to the petitioners was acquired for the purpose of widening Highway. Dissatisfied with the compensation awarded, a Reference Application was made by the petitioners. The Sub Court, Palai disposed of LAR No.41 of 2003 on 12.10.2006 enhancing the compensation. The petitioners filed LAA No.987 of 2009 before the High Court. The appeal was partly allowed and the land value was enhanced. 2. The petitioners filed E.P.No.9 of 2010 before the Sub Court, Palai for executing the award. In the Execution Petition they claimed a total sum of `13,03,793/-(Rupees thirteen lakhs three thousand seven hundred and ninety three only). The Execution Petition is not disposed of. 3. The prayer made in the Original Petition is to issue directions to the Executing Court to finalize the Execution Proceedings without delay. It is submitted that the second petitioner is aged 76 years. She had underwent a surgery. 4. The learned Government Pleader submitted that against the LAA Judgment, the State proposes to file a Special Leave Petition before the O.P(C)No.1818 OF 2011 2 Supreme Court. 5. The LAA was disposed of on 20.11.2009. The intention of the State to file a Special Leave Petition is not a ground for not proceeding with the Execution. In the facts and circumstances, the Original Petition is allowed. The Sub Court, Palai shall dispose of E.P.No.9 of 2010 in LAR No.41 of 2003 as expeditiously as possible. K.T.SANKARAN, JUDGE. cms