High Court Kerala High Court

Rappayi vs State Of Kerala on 4 February, 2009

Kerala High Court
Rappayi vs State Of Kerala on 4 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 3672 of 2009(K)


1. RAPPAYI, AGED 43 YEARS
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. GEOLOGIST, THRISSUR.

3. THE DIRECTOR OF MINING AND GEOLOGY

                For Petitioner  :SRI.V.M.KRISHNAKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :04/02/2009

 O R D E R
                   ANTONY DOMINIC,J.
              -----------------------
                W.P.(C).No.3672 OF 2009
              ------------------------
          Dated this the 4th day of February, 2009.

                         JUDGMENT

Against Ext.P4 order demanding penalty, the

petitioner fled Ext.P5 appeal. Obviously the appeal was

belated and therefore he filed an application for

condonation of delay also. It is also seen that he has filed

an application for stay of Ext.P4 as well. It is stated that in

the meanwhile the amount due under Ext.P4 is sought to be

realized.

2. However, the Government Pleader points out that

Ext.P6 communication demanding payment was issued on

24.12.2008 and that the appeal was filed much later on

27.1.2009.

3. Irrespective of the merits of the contentions raised,

since the petitioner has filed Ext.P5 appeal with an

application for condonation of delay and also a stay

WP(c).No.3672/09 /2/

petition, I feel that the the appellate authority shall consider

the appeal and the Interlocutory applications that have been

filed.

4. Accordingly, the writ petition is disposed of directing

that the appellate authority shall consider the petition for

condonation of delay and also the stay petition filed along

with Ext.P5 appeal. This shall be done as expeditiously as

possible and at any rate within 30 days from the date of

production of a copy of the judgment.

Subject to the condition that the petitioner produces a

copy of the judgment before the 3rd respondent, on or before

12th of February, 2009, it is directed that further proceedings

for recovery of the amount due under Ext.P6 will be kept in

abeyance for 30 days from today.




                                      (ANTONY DOMINIC)
                                           JUDGE
vi/

WP(c).No.3672/09    /2/