IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 360 of 2010(P)
1. VIJI DIAS, W/O.E.D. DIAS,
... Petitioner
Vs
1. C.A. FRANCIS, AGED 89 YEARS,
... Respondent
2. CORPORATION OF THRISSUR,
3. THE SECRETARY,
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :09/04/2010
O R D E R
ANTONY DOMINIC, J
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R.P.360/2010 in W.P.(C).11588/2009
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Dated this the 9th day of April, 2010
ORDER
By judgment dated 12.3.2010, the 2nd respondent in the
writ petition was directed to implement Exts.P3 and P4 ordering
closure of the steel godown of the 3rd respondent in the writ
petition.
2. From the Review Petition, it is seen that against Exts.P3
and P4, 3rd respondent has filed an appeal as early as on
18.3.2009 and the Mayor has passed an order to keep Exts.P3
and P4 in abeyance and that the appeal is still pending. It was
without noticing the fact of pendency of the appeal that the
judgment was delivered. Now the Corporation has also
confirmed that the appeal is pending. In such circumstances, I
feel that the judgment need be modified in the following manner
and it is ordered accordingly.
3. That the Corporation shall consider the appeal dated
18.3.2009 filed by the 3rd respondent in the writ petition with
R.P.360/10
2
notice to the parties, as expeditiously as possible at any rate
within four weeks from today.
In the meanwhile further proceedings for implementation of
Exts.P3 and P4 will be kept in abeyance as ordered by the Mayor
and once the appeal is disposed of, consequential action on
Exts.P3 and P4 will be initiated by the Corporation without fail.
Review Petition is allowed as above.
ANTONY DOMINIC,
Judge
mrcs