High Court Kerala High Court

P.P.Abdul Fafoor vs State Of Kerala on 28 July, 2010

Kerala High Court
P.P.Abdul Fafoor vs State Of Kerala on 28 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 23506 of 2010(K)


1. P.P.ABDUL FAFOOR, S/O.LATE HASSAN KOYA,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. THE DISTRICT COLLECTOR, COLLECTORATE,

3. THE TAHASILDAR (RR), OFFICE OF THE

4. THE VILLAGE OFFICER, VALAYAND VILLAGE

5. THE DEPUTY COMMISSIONER(APPEALS)

6. INTELLIGENCE OFFICER (1-B)

                For Petitioner  :SRI.C.S.MANU

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :28/07/2010

 O R D E R
                   P.R.RAMACHANDRA MENON, J
                  ---------------------------
                       W.P(C) No.23506 of 2010-K
                  ----------------------------
                Dated this the 28th day of July, 2010.

                           J U D G M E N T

Being aggrieved of the order imposing penalty, the petitioner

has filed Exts.P2 and P3 appeals along with Exts.P4 and P5 petitions

for stay, which are pending consideration before the fifth

respondent. The petitioner is constrained to approach this Court

because of the coercive proceedings taken in the meanwhile, which

are sought to be intercepted in this Writ Petition.

2. The learned Government Pleader appearing for the

respondents submits that Exts.P2 and P3 appeals are belated. The

impugned orders were passed as early as on 4.11.2008, while the

appeals were filed only on 23.5.2009, as revealed from Exts.P2 and

P3.

3. The learned counsel for the petitioner submits that, the

petitioner has also filed necessary petitions to condone the delay in

filing the appeals and that it is an omission on the part of the

petitioner to have produced copies along with the Writ Petition.

W.P(C) No.23506 of 2010-K 2

4. After hearing both the sides, this Court finds it fit and

proper to direct the fifth respondent to consider and pass

appropriate orders on the interlocutory applications. Accordingly,

the fifth respondent is directed to consider and pass appropriate

orders on Exts.P4 and P5 petitions for stay and also the

interlocutory applications, stated as preferred by the petitioner to

condone the delay in filing Exts.P2 and P3 appeals, as expeditiously

as possible, at any rate within one month from the date of receipt of

a copy of this judgment. It is made clear that, till such orders are

passed on the interlocutory applications, all further recovery

proceedings shall be kept in abeyance.

The Writ Petition is disposed of.

Sd/-

P.R.RAMACHANDRA MENON
JUDGE

//True Copy//

P.A to Judge

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