IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1900 of 2009()
1. STATE OF KERALA, REP. BY PRINCIPAL
... Petitioner
2. DISTRICT COLLECTOR,
3. THE DEPUTY TAHSILDAR (RR), KERALA
Vs
1. C.A.JOSE, S/O.ANTONY, CHIRAYATH
... Respondent
2. KERALA FINANCIAL CORPORATION
3. BRANCH MANAGER,
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.M.M.SAYED MUHAMMED, SC, KFC
The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice A.K.BASHEER
Dated :18/11/2009
O R D E R
S.R. Bannurmath, C.J. & A.K. Basheer, J.
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W.A.No. 1900 OF 2009
and
C.M. Appl. No. 870 OF 2009
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Dated this the 18th day of November, 2009
JUDGMENT
Basheer, J.
Sri.M.M.Sayed Muhammed, Standing Counsel, Kerala
Financial Corporation accepts notice for respondent Nos. 2
and 3. Sri.V.Rajendran accepts notice for respondent No.1.
2. Having heard learned counsel for the parties and
having perused the averments in the affidavit filed in support
of the petition for condonation of delay, we are satisfied that
the delay of 143 days in filing the Writ Appeal is liable to be
condoned. We do so.
The issue involved in this Writ Appeal is no more res
integra, in view of the decision rendered by a Division Bench
of this Court in Malabar Organics Ltd. v. State of Kerala
[2009(4) KLT 328]. Learned Additional Advocate General
submits that in view of the above judgment, the Writ Appeal
can be closed. Ordered accordingly. The directions contained
W.A.No. 1900 OF 2009 and
C.M. Appl. No. 870 OF 2009
-:2:-
in the judgment in Malabar Organics Ltd.’s case(supra) shall
govern this case also.
S.R. Bannurmath,
Chief Justice.
A.K. Basheer,
Judge.
ttb