IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23506 of 2010(K)
1. P.P.ABDUL FAFOOR, S/O.LATE HASSAN KOYA,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DISTRICT COLLECTOR, COLLECTORATE,
3. THE TAHASILDAR (RR), OFFICE OF THE
4. THE VILLAGE OFFICER, VALAYAND VILLAGE
5. THE DEPUTY COMMISSIONER(APPEALS)
6. INTELLIGENCE OFFICER (1-B)
For Petitioner :SRI.C.S.MANU
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :28/07/2010
O R D E R
P.R.RAMACHANDRA MENON, J
---------------------------
W.P(C) No.23506 of 2010-K
----------------------------
Dated this the 28th day of July, 2010.
J U D G M E N T
Being aggrieved of the order imposing penalty, the petitioner
has filed Exts.P2 and P3 appeals along with Exts.P4 and P5 petitions
for stay, which are pending consideration before the fifth
respondent. The petitioner is constrained to approach this Court
because of the coercive proceedings taken in the meanwhile, which
are sought to be intercepted in this Writ Petition.
2. The learned Government Pleader appearing for the
respondents submits that Exts.P2 and P3 appeals are belated. The
impugned orders were passed as early as on 4.11.2008, while the
appeals were filed only on 23.5.2009, as revealed from Exts.P2 and
P3.
3. The learned counsel for the petitioner submits that, the
petitioner has also filed necessary petitions to condone the delay in
filing the appeals and that it is an omission on the part of the
petitioner to have produced copies along with the Writ Petition.
W.P(C) No.23506 of 2010-K 2
4. After hearing both the sides, this Court finds it fit and
proper to direct the fifth respondent to consider and pass
appropriate orders on the interlocutory applications. Accordingly,
the fifth respondent is directed to consider and pass appropriate
orders on Exts.P4 and P5 petitions for stay and also the
interlocutory applications, stated as preferred by the petitioner to
condone the delay in filing Exts.P2 and P3 appeals, as expeditiously
as possible, at any rate within one month from the date of receipt of
a copy of this judgment. It is made clear that, till such orders are
passed on the interlocutory applications, all further recovery
proceedings shall be kept in abeyance.
The Writ Petition is disposed of.
Sd/-
P.R.RAMACHANDRA MENON
JUDGE
//True Copy//
P.A to Judge
ab