IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 OP(C).No. 3685 of 2011(O) ------------------------------------ LAR NO.4/2000OF SUB COURT, NEYYATTINKARA. ..... PETITIONER (S): --------- ---------------- AHAMMED KANNU,TC 49/197 (1),KALLATTU NAGAR, MANACAUD, THIRUVANANTHAPURAM - 695 009. BY ADV. SRI.M.RAJASEKHARAN NAYAR RESPONDENT(S): ------------------------- SAFARULLA KHAN,S/O. SULTHAN KANNU, CHANTHAVILAKATHU VEEDU, TC 49/47, MANACAUD, THIRUVANANTHAPURAM. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 15/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss OP(C) NO.3685/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE JUDGMENT IN WPC. 29403/2009 DTD. 19.10.2009. P2:- COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE SUB COURT, NEYYATTINKARA DTD. 10.11.2011. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss THOMAS P. JOSEPH, J. ---------------------------------------- O.P(C).No.3685 of 2011 --------------------------------------- Dated this 15th day of November, 2011 JUDGMENT Notice to the respondent is dispensed with in view of the decision I propose to take. 2. Petitioner is the additional 27th claimant in L.A.R.No.4 of 2000 of the Court of learned Sub Judge, Neyyattinkara. The Land Acquisition Officer awarded `.4,39,332/- as compensation but as there was some dispute regarding title, the Land Acquisition Officer made a reference to the learned Sub Judge under Sec.31(2) of the Land Acquisition Act. I am told that the amount is deposited in the bank. The reference was initially answered in favour of petitioner and others as per judgment dated 29.09.2009. Respondent filed L.A.A.No.1446 of 2009. This Court allowed the appeal on 08.06.2011 and remitted the proceeding to the learned Sub Judge for fresh decision. Thereafter by judgment dated 31.10.2011 the claim of respondent was upheld. Petitioner has applied for a certified copy of the judgment but so far has not received it. In the meantime, respondent is O.P(C).No.3685 of 2011 -: 2 :- taking steps to get the amount deposited in the bank disbursed to him. Hence this original petition. 3. Learned counsel submitted that when the claim was originally answered in favour of the petitioner by judgment dated 29.09.2009, respondent approached this Court and obtained Ext.P1, judgment dated 19.10.2009 against disbursement of the amount. 4. Since petitioner has already applied for a copy of the judgment and he intends to challenge the judgment in appeal it is appropriate that the amount is not disbursed to the respondent for the time being. Resultantly this original petition is disposed of as follows: (i) Learned Sub Judge, Neyyattinkara is directed to issue a certified copy of the judgment dated 31.10.2011 in L.A.R.No.4 of 2000 to the petitioner if applied for and on usual terms as early as possible giving it priority. (ii) It is directed that disbursement of the amount in deposit will stand in abeyance upto one (1) week from the date notified for delivery of a copy of the judgment to the petitioner as aforesaid. (THOMAS P. JOSEPH, JUDGE) Sbna/-