IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20481 of 2008(L)
1. JOSEPH MATHEW, PROPRIETOR,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. KERALA STATE FINANCIAL CORPORATION
3. DISTRICT COLLECTOR, CIVIL STATION,
4. DEPUTY TAHSILDAR (RR)
5. VALLIYAMMAL, C.C. 40/49/10
For Petitioner :SRI.M.BALAGOVINDAN
For Respondent :SRI.M.M.SAYED MUHAMMED, SC, KFC
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :08/07/2008
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No.20481 OF 2008
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Dated this the 8th day of July, 2008
JUDGMENT
The petitioner claims to be a tenant under the 6th
respondent. The 4th respondent initiated proceedings under the
Kerala Building (Eviction of Unauthorised Occupants) Act, 1968,
which resulted in an order and a notice directing the petitioner to
quit. Against the same, the petitioner filed Ext.P3 appeal as
provided under the Act. The petitioner seeks a direction to the
3rd respondent to consider and pass order on Ext.P3
expeditiously.
2. I have heard the learned Government Pleader and the
learned Standing Counsel appearing for the 2nd respondent. In
the nature of the order I propose to pass I do not think it
necessary to issue notice to respondents 5 and 6. Now that a
statutory appeal has been filed, the 3rd respondent has a duty to
consider and pass orders on the same expeditiously. This the 3rd
respondent shall do, after affording an opportunity of being heard
to the petitioner as well as respondents 2, 5 and 6, as
W.P.(c)No.20481/08 2
expeditiously as possible, at any rate, within a period of one
month from the date of receipt of a copy of this judgment.
The petitioner submits that he has already filed an application
for stay, which also may be directed to be considered. If the
petitioner approaches the 3rd respondent with a certified copy
of this judgment, the 3rd respondent shall assign a date of
hearing for hearing the stay petition and the stay petition shall
be considered and disposed of on that date.
The writ petition is disposed of as above.
S. SIRI JAGAN, JUDGE
Acd
W.P.(c)No.20481/08 3