IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 6358 of 2008(F)
1. VINU KOSHY ABRAHAM, 10 B4,
... Petitioner
2. ABM BUILDERS PVT, LTD.,
Vs
1. THE SECRETARY, CORPORATION OF COCHIN,
... Respondent
2. ABM TOWERS RESIDENTS ASSOCIATION,
3. TRIBUNAL FOR LOCAL SELF GOVT.,
For Petitioner :SRI.E.R.VENKATESWARAN
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :22/02/2008
O R D E R
PIUS C.KURIAKOSE, J.
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W.P.(C) No. 6358 of 2008
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Dated, this the 22nd day of February, 2008
J U D G M E N T
In the nature of the relief which is being given to the petitioner,
I am not inclined to issue notice to the respondents. The appeal,
Ext.P2, preferred against Ext.P1 order of the Secretary was dismissed
by the Tribunal for default. Shri.E.R.Venkiteswaran, learned counsel
for the petitioner submits that the circumstances, under which the
appeal came to be dismissed for default, have been truly and
correctly disclosed in the writ petition as well as in the affidavit which
has been filed in support of Ext.P3 application for restoration
subsequently filed. I am told that the Tribunal is yet to register
Ext.P3. I do not find any reason to doubt the correctness of the
averments in the affidavit sworn to by the learned advocate himself
in support of Ext.P3 application. I dispose of the writ petition
directing the Tribunal for Local Self Government Institutions to
register Ext.P3 at the earliest and dispose of the same in accordance
with law as expeditiously as possible, at any rate, within a period of
one month of registering Ext.P3. Since I am informed that till Ext.P2
appeal was dismissed for default, Ext.P1 was under stay, I order that
Ext.P1 will continue to be stayed till the application, Ext.P3, is disposed of.
This writ petition is disposed of as above.
(PIUS C.KURIAKOSE, JUDGE)
jg