IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 WP(C).NO. 7608 OF 2010(O) --------------------------------------- AGAINST THE ORDER DATED 28.01.2010 IN IA.619/2010 IN LAR.130/2000 OF II ADDL.SUB COURT,TRIVANDRUM .................... PETITIONER(S): -------------------- 1. JOSEPH FERNANDEZ, RESIDING AT 71, MINTARO AVENUE, STRATHFIELD, NEW SOUTH WALES, 2135, AUTSTRALIA. 2. CECILIA FERNANDEZ @ LINDA, JALAN TELOK PULAI, KLANG-41100, SELANGORE, MALAYSIA. 3. ARTHER FERNANDEZ, 53-03-2, LORONG BNATO NILAM 1E, BUNDAR, BUKIT, TINGGFI, 4200, KLAND, SELENGOR, DERUL EHSAN, MALASYSIA. 4. JANE DOWNES ALIAS JANE FERNANDEZ, 29, MARIBOROUGH WAY, BUILLCRICAY, ESSEX, U.K. 5. KOH LAY WAH (MARRIED NAME DIANA FERNANDEZ), W/O LATE ANTHONY FERNANDEZ, AGED 54 YEARS, RESIDING AT 71 BANDIR HILIR, MELAKA, MALAYSIA. 6. KENNY ROCKY FERNANDEZ, S/O.LATE ANTHONY ROCKY FERNANDEZ, AGED 22, RESIDING AT 71 BANDIR HILIR, MELAKA, MALAYSIA. 7. CHESTER ANTHONY FERNANDEZ, S/O.LATE ANTHONY ROCKY FERNANDEZ, AGED 20, RESIDING AT 71 BANDIR HILIR, MELAKA, MALAYSIA. PETITIONERS 1 TO 7 REP.BY P/A HOLDER LAZER JOSEPH- FERNANDEZ,PLAVILA HOUSE,TC 2/2032 JEEVAN NAGAR, POTTEKUZHY,PATTOM PO,THIRUVANANTHAPURAM. BY ADV. SRI.J.S.AJITHKUMAR RESPONDENT(S): ----------------------- 1. STATE OF KERALA. 2. MANAGING DIRECTOR, KINFRA, THIRUVANANTHAPURAM. 3. SYBIL MORAES, MANGALA BHAVAN, MENAMKULAM, KAZHAKUTTAM, THIRUVANANTHAPURAM- 695 582. BY GOVERNMENT PLEADER FOR R1 AND R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== W.P(C) No.7608 of 2010 ==================================== Dated this the 19th day of May, 2010 J U D G M E N T Petitioners are claimants in L.A.R. No.130 of 2000 of the court of learned Second Additional Sub Judge, Thiruvananthapuram. That reference case was disposed of on 20.09.2008. Later came I.A. No.1463 of 2009 at the instance of petitioners for correction/review of the award as the case may be. To advance the hearing of the application petitioners filed Ext.P3, I.A. No.619 of 2010. That application was disposed of by the leaned Sub Judge as per Ext.P4, order dated 28.01.2010 stating that there is no urgency in advancing the case and that hearing of the application filed by the petitioners was adjourned as the copy of petition was not served on the respondents' counsel (Learned counsel for petitioners submitted that copy of I.A. No.1463 of 2009 has already been given to the respondents through their counsel). That order is sought to be challenged in this Writ Petition. This Court as per order dated 09.03.2010 directed learned Sub Judge to dispose of I.A. No.1463 of 2009 as expeditiously as possible, at any rate before the commencement of the summer vacation provided steps are completed and matter is ripe for hearing. W.P(C) No.7608 of 2010 -: 2 :- Learned Sub Judge in his letter has reported that perusal of the records revealed that copy of I.A. No.1463 of 2009 was not served on the respondents even though there was a specific direction to that effect and that in the meantime respondent No.3 in this proceeding has filed I.A. No.5510 of 2008 to review the award on the ground that petitioners/claimants are not entitled to get any relief and that compensation is payable to him alone. That application is pending consideration. Learned Sub Judge stated that to dispose of I.A. No.1463 of 2009 it is necessary that I.A. No.5510 of 2008 filed by respondent No.3 is also disposed of. Learned Sub Judge therefore requested time to dispose of I.A. No.1463 of 2009. 2. Considering the facts and circumstances, I direct the learned Sub Judge to dispose of I.A. No.1463 of 2009 if steps are otherwise completed, as early as possible. It will be open to the learned Sub Judge to dispose of I.A. No.5510 of 2008 also simultaneously with I.A. No.1463 of 2009 if the learned Sub Judge considers that such a procedure is necessary in the ends of justice. Writ Petition is disposed of with the above direction. THOMAS P. JOSEPH, JUDGE. vsv