IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 3672 of 2009(K)
1. RAPPAYI, AGED 43 YEARS
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. GEOLOGIST, THRISSUR.
3. THE DIRECTOR OF MINING AND GEOLOGY
For Petitioner :SRI.V.M.KRISHNAKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :04/02/2009
O R D E R
ANTONY DOMINIC,J.
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W.P.(C).No.3672 OF 2009
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Dated this the 4th day of February, 2009.
JUDGMENT
Against Ext.P4 order demanding penalty, the
petitioner fled Ext.P5 appeal. Obviously the appeal was
belated and therefore he filed an application for
condonation of delay also. It is also seen that he has filed
an application for stay of Ext.P4 as well. It is stated that in
the meanwhile the amount due under Ext.P4 is sought to be
realized.
2. However, the Government Pleader points out that
Ext.P6 communication demanding payment was issued on
24.12.2008 and that the appeal was filed much later on
27.1.2009.
3. Irrespective of the merits of the contentions raised,
since the petitioner has filed Ext.P5 appeal with an
application for condonation of delay and also a stay
WP(c).No.3672/09 /2/
petition, I feel that the the appellate authority shall consider
the appeal and the Interlocutory applications that have been
filed.
4. Accordingly, the writ petition is disposed of directing
that the appellate authority shall consider the petition for
condonation of delay and also the stay petition filed along
with Ext.P5 appeal. This shall be done as expeditiously as
possible and at any rate within 30 days from the date of
production of a copy of the judgment.
Subject to the condition that the petitioner produces a
copy of the judgment before the 3rd respondent, on or before
12th of February, 2009, it is directed that further proceedings
for recovery of the amount due under Ext.P6 will be kept in
abeyance for 30 days from today.
(ANTONY DOMINIC)
JUDGE
vi/
WP(c).No.3672/09 /2/