High Court Kerala High Court

Mr.James Antony vs Deputy Commissioner (Appeals) on 2 July, 2008

Kerala High Court
Mr.James Antony vs Deputy Commissioner (Appeals) on 2 July, 2008
       

  

  

 
 
  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