IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 OP(C).No. 2581 of 2011(O) ------------------------- PETITIONER -------------------- UMADEVI HEMALATHA, RAJU NIVAS, MELETHUMELE MODERN HILL, VATTIYOORKAVU, THIRUVANANTHAPURAM. (FROM TC 1528, KUNNUMKUZHY, VANCHIYOOR VILLAGE). BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, THROUGH DISTRICT COLLECTOR, THIRUVANANTHAPURAM-695 001. 2. THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, JAYAMANSION, VAZHUTHACADU, THIRUVANANTHAPURAM-695 006. R1 BY GOVERNMENT PLEADER SRI.T.K.SAJEEV R2 BY ADV. SRI.M.RAJAGOPALAN NAIR THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 2581 of 2011(O) ----------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ------------------------------------ EXT.P1. COPY OF THE JUDGMENT DT. 31.01.2002 IN LAR NO.118/1998 ON THE FILES OF IIND ADDITIONAL SUB COURT, THIRUVANANTHAPURAM. EXT.P2. COPY OF THE JUDGMENT DT. 24.92.009 IN L.A.A. NO.691/03 OF THIS HON'BLE COURT. EXT.P3. COPY OF THE JUDGMENT DT. 25.01.2010 IN L.A.A. NO.459/06 OF THIS HON'BLE COURT. EXT.P4. COPY OF THE DECREE DT. 25.1.2010 IN L.A.A. NO.459/06 OF THIS HON'BLE COURT. EXT.P5. COPY OF THE EXECUTION PETITION NO.437/2004 FILED BY THE PETITIONER BEFORE THE SUB COURT, THIRUVANANTHAPURAM. EXT.P6. COPY OF THE STATEMENT OF ACCOUNT FILED BY THE PETITIONER IN E.P. NO.437/2004 DT. 3.10.2010. EXT.P7. COPY OF THE ORDER SHEET IN E.P. N.437/2004 IN L.A.R. NO.118/1988 ON THE FILES OF IIND ADDITIONAL SUB COURT, THIRUVANANTHAPURAM. RESPONDENT'S EXHIBITS : NIL ------------------------------------- / TRUE COPY / P.A. TO JUDGE VK THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.2581 of 2011 --------------------------------------- Dated this 08th day of August, 2011 JUDGMENT First respondent appears through Government Pleader. Second respondent appears through counsel. 2. Petitioner is the decree holder in E.P.No.437 of 2004 and L.A.R.No.118 of 1988 of the Court of learned second Additional Sub Judge, Thiruvananthapuram. That concerned a reference following the acquisition of a few shop rooms at Palayam in Thiruvananthapuram city in the year, 1978. Petitioner got enhancement of compensation as per Ext.P3, judgment of this Court dated 25.01.2010. Petitioner is proceeding with E.P.No.437 of 2004 for realisation of the amount. Grievance of petitioner is that though the Government has paid off the amount due to the second respondent, the amount payable to the petitioner has not so far been paid. The execution proceedings are moving in a slow pace. It is pointed out from the proceedings of the execution Court that the case stood posted on 31.03.2011 and then it was posted on 02.11.2011. Petitioner is aggrieved since she was not able to realise the fruits of the decree. O.P(C).No.2581 of 2011 -: 2 :- 3. Having heard learned counsel on both sides it appears that execution proceedings are not proceeding in the expected pace. The case which stood posted on 31.03.2011 is now posted on 02.11.2011. I make it clear that it is open to the petitioner to seek advancement of execution petition with notice to counsel on both sides and seek appropriate relief. If any such request is made executing court shall expedite the proceeding having regard to the amount (if any) due to the petitioner. This original petition is disposed of with the above direction. Sd/- (THOMAS P JOSEPH, JUDGE) Sbna/-