IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 OP(C).NO. 2319 OF 2011(O) ---------------------------------------- (UN-NUMBRED O.P(ARBITRATION) FILED BEFORE THE DISTRICT COURT, THRISSUR – AWARD NO.23/2010, ARBITRATOR & DISTRICT COLLECTOR, THRISSUR) PETITIONER: ------------------- 1. VISWAMBHARAN, AGED 59 YEARS, S/O. PAPPU, MARGASSERY HOUSE, KODARAKA (P.O.), THRISSUR DISTRICT. 2. SANTHI, AGED 26 YEARS, D/O. VISWAMBHARAN, MARGASSERY HOUSE, KODARAKA (P.O.), THRISSUR DISTRICT. 3. SARATH, AGED 25 YEARS, S/O. VISWAMBHARAN, MARGASSERY HOUSE, KODARAKA (P.O.), THRISSUR DISTRICT. BY ADV. SRI.JESWIN P.VARGHESE RESPONDENT(S): ------------------------- 1. THE DEPUTY COLLECTOR, SPECIAL LAND ACQUISITION OFFICER & COMPETENT AUTHORITY, NATIONAL HIGHWAY DEVELOPMENT PROJECT, CHEMBUKAVU, THRISSUR – 2O. 2. THE PROJECT OFFICER, NATIONAL HIGHWAY AUTHORITY OF INDIA, CHANDRA NAGAR, PALAKKAD – 1. 3. THE DISTRICT COLLECTOR, COLLECTORATE, THRISSUR – 1. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 19/07/2011 ALONG WITH O.P(C) NO.2320 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P(C) NO.2319 OF 2011 APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- EXHIBIT P1 A TRUE COPY OF THE UN-NUMBERED O.P (ARBITRATION) FILED BEFORE THE DISTRICT COURT, THRISSUR DATED 01.02.2011 AGAINST THE AWARD NO.23/2010 IN LAC 1223/2006 DATED 10.08.2010 PASSED BY THE ARBITRATOR & DISTRICT COLLECTOR, THRISSUR. EXHIBIT P2 A TRUE COPY OF THE ENDORSEMENT MADE BY THE DISTRICT COURT, THRISSUR IN UN-UMBERED O.P(ARBITRATION) DATED 04.02.2011. RESPONDENT'S EXHIBITS: ----------------------------------- NIL TRUE COPY P.S. TO JUDGE THOMAS P.JOSEPH, J. ==================================== O.P(C) Nos.2319 & 2320 of 2011 ==================================== Dated this the 19th day of July, 2011 J U D G M E N T These Original Petitions are in challenge of separate orders passed by the learned District Judge, Thrissur in unnumbered O.Ps (Arb.) of 2011 on 04.02.2011 returning the O.Ps(Arb.) for the reason that the same were presented after three months of the awards dated August 10, 2010. 2. Award Nos.23 of 2010 and 3 of 2010 are passed in LAC Nos.1223 and 10 of 2006 respectively. Challenging the said awards petitioner filed O.Ps(Arb.) of 2011 before learned District Judge under Section 34 of the Arbitration and Conciliation Act. Petitioners claimed that they got copy of the awards only on 04.01.2011 and accordingly the O.Ps(Arb.) were presented on 02.02.2011. The office of learned District Judge noted that awards are dated 10.08.2010 but the O.Ps(Arb.) are filed on 02.02.2011 which is after three months of the awards and that the cover in which copy of awards were received is not produced. According to the learned counsel question whether O.Ps(Arb.) are filed on time or are barred by limitation is a matter to be decided O.P(C) Nos.2319 & 2320 of 2011 -: 2 :- on the judicial side after hearing both parties. Petitioners or counsel were not heard in the matter. Hence it is requested that an opportunity may be given to petitioners to prosecute the O.Ps (Arb.). 3. I need not go into the merit of the contentions in these proceedings. It is seen that the impugned orders are passed without notice to the petitioners or their counsel. Learned District Judge should have posted the matter for hearing and after hearing counsel passed appropriate orders as provided under law. Resultantly, these Original Petitions are allowed. The impugned orders are set aside. Petitioners shall re-present the O.Ps(Arb.) in the court of learned District Judge, Thrissur within ten (10) days from this day and on such re-presentation learned District Judge shall hear petitioners and pass appropriate orders regarding entertaining the O.Ps(Arb.) as provided under the law. THOMAS P. JOSEPH, JUDGE. vsv