IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 OP(C).No. 456 of 2011(O) ------------------------ OP.191/2010 of DISTRICT COURT, THRISSUR .................... PETITIONER: --------------------- K.V.MURALEEDHARAN,S/O.P.K.VELAYUDHAN, AGED 46 YEARS,'POORNASREE'MANNUTHY PO, THRISSUR DISTRICT 680 651. BY ADVS. SRI.BINOY VASUDEVAN, SMT.P.G.BABITHA. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,REVENUE DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 695 001. 2. SPECIAL TAHASILDAR(LA), NATIONAL HIGHWAY DEVELOPMENT PROJECT, CHEMBUKAVU,THRISSUR 680 001. 3. DEPUTY COLLECTOR(LA),NATIONAL HIGHWAY DEVELOPMENT PROJECT,THRISSUR 680 001. 4. ICICI BANK,BRANCH OFFICE,FELICITY TOWERS, STATUE JUNCTION,M.G.ROAD,THIRUVANANTHAPURAM- 695 001. 5. ANTONY,S/O.OUSEPH,PERINCHERRY HOUSE, OLLUR,THRISSUR DISTRICT 680 306. R1 TO R3 BY GOVERNMENT PLEADER R4 BY ADVS. SRI.LAL K.JOSEPH, SRI.A.A.ZIYAD RAHMAN, SMT.K.K.RATNALATHA, SRI.V.R.REKESH. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OPC.NO.456/2011 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE NOTICE NO.LAC-851/2007 DTD. 14/02/2007 ISSUED BY THE THIRD RESPONDENT. P2: COPY OF MAHAZAR ON 11/10/2007 PREPARED BY THE SECOND RESPONDENT. P3: COPY OF THE VALUATION STATEMENT. P4: COPY OF THE JUDGMENT DTD. 29/03/2010 IN WPC.NO.1916/2010. P5: COPY OF THE PROCEEDINGS OF THE THIRD RESPONDENT BEARING NO.A2-651/07 DTD. 24/04/2010. P6: COPY OF THE AFFIDAVIT PREFERRED BY THE FIFTH RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.456 of 2011 --------------------------------------- Dated this 05th day of August, 2011 JUDGMENT Respondent Nos. 1 to 3 appears through Government Pleader. Respondent No.4 appears through counsel. Notice to respondent No.5 is returned as unknown. So far as notice to respondent No.5 is concerned learned counsel for petitioner submits that notice was given to his counsel though respondent No.6 in the court below but he refused to accept the same. Notice to respondent No.5 is sufficient. 2. The prayer in this petition is for a direction for early disposal of O.P.No.191 of 2010 of the Court of learned District Judge, Thrissur. That concerned a dispute as to the entitlement to get compensation on account of acquisition of a portion of property belonging to the petitioner being acquired for widening the national highway from Ankamaly to Mannuthy. Acquisition authorities asked petitioner to produce the original of his title deeds which he could not since he had created equitable mortgage in favour of the fourth respondent by deposit of the original title deeds. He approached this Court with W.P(C). No.1916 of 2010 requesting that photocopy of the documents of O.P(C).No.456 of 2011 -: 2 :- title may be considered. This Court passed Ext.P4, judgment and directed the authorities to consider the representation of petitioner. Thereafter, the appropriate authority issued Ext.P5, proceeding and referred the issue to the learned District Judge as provided under Sec.3H(4) of the National Highway Authority Act, 1956. It is accordingly that learned District Judge has taken the reference on file as O.P.No.191 of 2010. Learned counsel submits that all the parties entered appearance in the said proceeding and that apart from respondent No.4, another person has also made a claim for a portion of the amount since according to them, they are entitled to realise such portion of the compensation payable to the petitioner. Petitioner wants an early disposal of the proceeding. 3. Without understanding the volume of work of the Court concerned and priority for disposal of older cases it is not appropriate for me to issue any direction for time bound disposal but, having regard to the facts and circumstances I direct learned District Judge to make every endeavour to dispose of O.P.No.191 of 2010 as early as possible, of course after completion of the pre-trial/enquiry steps, having regard to the grievance of petitioner. This original petition is disposed of as above. Sd/- (THOMAS P JOSEPH, JUDGE) Sbna/-