IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19396 of 2008(H)
1. MR.JAMES ANTONY, S/O.ANTONY, PALATHINKAL
... Petitioner
Vs
1. DEPUTY COMMISSIONER (APPEALS),
... Respondent
2. TAHASILDAR (R R), UDUMBANCHOLA TALUK,
For Petitioner :SRI.S.SACHITHANANDA PAI
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
Dated :02/07/2008
O R D E R
K.M. JOSEPH, J.
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W.P.(C) No. 19396 OF 2008 H
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Dated this the 2nd day of July, 2008
J U D G M E N T
Petitioner seeks direction to the 1st respondent to
dispose of Ext.P2 appeal and further direction to the 2nd
respondent not to proceed with Ext.P3 until Ext.P2 appeal is heard
and disposed of.
2. I heard learned Government Pleader also. The learned
Government Pleader, on instructions, submits that even though
the petitioner has filed an appeal, a defect was noted and the
petitioner has been called upon to cure the defect on or before
9.7.2008. It is for the petitioner to cure the defect, if any, noted by
the appellate authority and to move the appellate authority for stay
of the recovery proceedings. In order to facilitate the petitioner to
cure the defect and also to move for interim orders, further
proceedings pursuant to Ext.P3 will be kept in abeyance for a
period of one month from today.
Writ petition is disposed of as above.
Sd/-
(K.M.JOSEPH, JUDGE)
aks
/TRUE COPY/
P.A.TO JUDGE