IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 WP(C).No. 34879 of 2009(D) -------------------------- LAR.133/1988 of PRINCIPAL SUB COURT,KOLLAM .................... PETITIONER(S): ------------------ MUHAMMEDKUNJU, AGED 62 YEARS, KATTITHARAYIL, PALAKKUZHY, THEKKETHIL PULIYOOR, VANCHI THEKKUMURIYIL, THODIYOOR VILLAGE, KARUNAGAPPALLY TALUK. BY ADV. SRI.SIRAJ KAROLY RESPONDENT(S): ------------------- 1. THE DISTRICT COLLECTOR, KOLLAM, CIVIL STATION, KOLLAM. 2. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMNET SECRETARIAT, THIRUVANANTHAPURAM. SR.GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 34879 OF 2009 (D) ===================== Dated this the 1st day of March, 2010 J U D G M E N T Petitioner is one of the claimants in LAR 133/88 in which Ext.P1 decree was passed. According to him, despite long lapse of time, amount was not paid. Therefore, he had to file EP NO.69/04 before the Sub Court, Kollam. Even in the EP, amount has not been deposited and therefore the writ petition is filed. 2. Learned Government Pleader has obtained instructions in the matter and submits that although the pendency of the EP has been intimated by the learned Government Pleader appearing for the State, the 1st respondent has not obtained a copy of the decree and it was therefore that the amount has not been deposited. 3. If this be the only problem, the matter can be resolved if the petitioner produces a certified copy of the decree before the 1st respondent and once decree is so produced, the 1st respondent shall deposit the amount due under the decree, without any further delay. Therefore, I dispose of this writ petition directing that it will WPC No. 34879/09 :2 : be open to the petitioner to produce a certified copy of Ext.P1 decree before the 1st respondent along with a copy of this judgment, and on receipt thereof, the 1st respondent shall within 4 weeks thereafter, deposit the compensation due to the petitioner before the Execution Court. ANTONY DOMINIC, JUDGE Rp