IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA No. 2008 of 2007()
1. M/S. YORK CONSTRUCTIONS,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY
... Respondent
2. KERALA STATE ELECTRICITY BOARD,
3. DEPUTY CHIEF ENGINEER,
4. DEPUTY TAHSILDAR (R.R.),
5. VILLAGE OFFICER,
For Petitioner :SRI.SABU GEORGE
For Respondent :GOVERNMENT PLEADER
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.T.SANKARAN
Dated :14/08/2007
O R D E R
H.L.DATTU, C.J. & K.T.SANKARAN,J.
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W.A. NO. 2008 OF 2007
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Dated this the 14th August, 2007
JUDGMENT
H.L.DATTU, C.J.
Exts.P4 and P5 are the demand notices issued by the respondents inter
alia directing the petitioner to pay a sum of Rs.13 lakhs. These demand notices
are the subject matters of W.P.(C) No.19414 of 2007.
2. The learned single Judge while entertaining the Writ Petition has stayed
Exts.P4 and P5 notices issued by the respondents, subject to the petitioner
depositing a sum of Rs.2 lakhs within one month from the date of the order. Being
aggrieved by the said interim order passed by this court, the petitioner has filed
this appeal.
3. Exts.P4 and P5 demand notices are the subject matters of the Writ
Petition. During the pendency of the Writ Petition, the Court has thought it fit to
stay the demand notices subject to certain conditions. These are all discretionary
orders passed by the learned Judges of this Court in exercise of their powers
under Article 226 of the Constitution of India. Normally, this Court will not interfere
with the interim orders passed by this Court unless those interim orders are either
arbitrary, illegal or irregular. We do not see any such irregularity or illegality in the
interim order so passed by the learned single Judge. Therefore, interference of
the said interim order is not called for. Therefore, the Writ Appeal requires to be
rejected and it is rejected.
Ordered accordingly.
(H.L.DATTU)
Chief Justice
(K.T.SANKARAN)
Judge
ahz/
. NO.
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