High Court Kerala High Court

Nirmala Xavier vs Government Of Kerala on 2 May, 2008

Kerala High Court
Nirmala Xavier vs Government Of Kerala on 2 May, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 13743 of 2008(J)


1. NIRMALA XAVIER, SENIOR CLERK,
                      ...  Petitioner

                        Vs



1. GOVERNMENT OF KERALA,
                       ...       Respondent

2. REGISTRAR OF CO-OPERATIVE SOCIETIES,

                For Petitioner  :SRI.K.RAJESH SUKUMARAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :02/05/2008

 O R D E R
                        PIUS C. KURIAKOSE, J.
                    ----------------------------------
                     W.P.(C) NO. 13743 of 2008
                    ----------------------------------
              Dated this the 2nd      day of May , 2008

                               JUDGMENT

The learned Government Pleader submits that Ext.P2 appeal was

preferred by the petitioner only on 2.4.2007 though the impugned

order was issued on 19.7.2005 and communicated to the petitioner on

2.8.2005. According to the learned Government Pleader, the appeal is

liable to be rejected at the threshold itself inter alia on the ground of

delay. I do not propose to decide the issue. Having regard to the

averments in the writ petition, the grounds raised, the documents

produced and the submissions addressed before me, the writ petition

will stand disposed of in the following directions;

The Government will take up Ext.P2 appeal, consider the same

in the light of the various grounds raised in the writ petition, hear the

petitioner and take a correct decision. Decision as directed above

shall be taken at the earliest and at any rate within three months of

receiving a copy of this judgment and copy of the writ petition. It is

made clear that this court has not expressed any opinion as on the

merits of the grounds or the correctness of the view taken by the

WPC No. 13743/2008 2

Registrar in Ext.P1. This judgment will not stand in the way of the

Government rejecting the appeal on the ground of delay, if so

advised.

PIUS C. KURIAKOSE
JUDGE
dpk