K.V. Muraleedharan vs State of Kerala and Others

Thomas P. Joseph, J.—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.

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 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 u/s 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.

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 nay 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.