IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
WP(C) NO. 14941 OF 2022
PETITIONER/S:
MANOHARAN PILLA
AGED 65 YEARS
S/O PILLAI,
PALAMKOTT PADINJATTATHIL HOUSE,
CHAKKUVARAKKAL, VETTIKKAVALA, PUNALUR,
KOLLAM DISTRICT.
BY ADV LATHEESH SEBASTIAN
RESPONDENT/S:
1 THE DISTRICT COLLECTOR
CIVIL STATION, KOLLAM-691001.
2 THE ASSISTANT EXECUTIVE ENGINEER,
KALLADA IRRIGATION PROJECT (LEFT BANK),
SUB DIVISION NO.1, PUNALUR, KOLLAM DISTRICT - 691305
3 THE ASSISTANT ENGINEER,
KALLADA IRRIGATION PROJECT (LEFT BANK)
SECTION NO. 3/1, PUNALUR, KOLLAM DISTRICT 691305
OTHER PRESENT:
SMT VINITHA .V SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14941 OF 2022
2
MOHAMMED NIAS C.P., J
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W.P.(C) No.14941 of 2022
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Dated this the 29th day of April, 2022
JUDGMENT
The petitioner seeks a reasonable time to challenge Ext.P4 order before the appellate authority and seeks for stay of its operation till then so as to enable the petitioner to file an appeal. Ext.P4 directs the petitioner to vacate from the property in question within 7 days from the date of receipt of the same.
2. I heard the learned counsel for the petitioner and the learned Government Pleader.
3. Having regard to the facts and circumstances to the case, I deem it appropriate to direct the petitioner to file an appeal against Ext.P4 order before the 1 st respondent District Collector within a period of 30 days from today including any application for interim relief. The District Collector on receipt of the same, if it is filed within the time presented in this judgment and pass appropriate orders on WP(C) NO. 14941 OF 2022 3 the same within a period of four weeks thereafter. Till orders passed as above and communicated to the petitioner, the operation of Ext.P4 will be kept in abeyance. Needless to say that if the appeal is not filed within the time noted above, the petitioner will lose the benefit of this judgment and the respondents can proceed with Ext.P4 in accordance with law.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P., JUDGE LU WP(C) NO. 14941 OF 2022 4 APPENDIX OF WP(C) 14941/2022 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 15.12.2021, ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED BEFORE THE 3RD RESPONDENT DATED 18.12.2021 EXHIBIT P3 TRUE COPY OF THE APPLICATION OF THE PETITIONER FILED BEFORE THE 1ST RESPONDENT ON 17.12.2021.
EXHIBIT P4 TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 18.04.2022.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER DATED 25.04.2022 SUBMITTED BEFORE THE 3RD RESPONDENT.
// True Copy // PA To Judge