IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
Friday, the 27th day of May 2022 / 6th Jyaishta, 1944
OP(KAT) NO. 91 OF 2022
(AGAINST THE ORDER DATED 03/04/2019 IN OA(EKM)NO.781/2018 OF THE
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM, ADDITIONAL
BENCH,ERNAKULAM)
PETITIONERS/RESPONDENTS 1 TO 3 IN O.A.:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, FOREST & WILD
LIFE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
- 695001,KERALA.
AND 2 OTHERS.
RESPONDENTS/APPLICANTS 1 TO 3 IN O.A.:
1. P.R. BABURAJ, S/0 RAGHAVAN (DEPUTY RANGER-FOREST OFFICER
GRADE) ,ACF SOCIAL FORESTRY DIVISION, WAYANAD, KALPETTA,
PADMASREE HOUSE, VATTUKUNNU, MULAMTHURUTHY.P.O, ERNAKULAM -
682314.
& 2 OTHERS.
OP(KAT) praying inter alia that in the circumstances stated
in the affidavit filed along with the OP(KAT) the High Court be
pleased to stay the operation and implementation of Ext.P3 order
dated 03.04.2019 in O.A.(EKM) No.781/2018, on the file of the
Kerala Administrative Tribunal, Thiruvananthapuram pending
disposal of the above Original Petition.
This petition again coming on for orders on 27/05/2022, upon
perusing the petition and the affidavit filed in support of
OP(KAT) and this court's order dated 23/03/2022 and upon hearing
the arguments of GOVERNMENT PLEADER for the petitioners and
of M/S S.KRISHNAMOORTHY,SNEHA ROSE, P.S.ARUNA, Advocates for the
respondents, the court passed the following:
ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
===================================
OP(KAT) No.91 of 2022
(arising out of the order dated 03.04.2019 in OA(EKM) No.781/2018 by the KAT, Addl.
Bench EKM)
=========================================
Dated this the 27th day of May, 2022
ORDER
Sri.S.Krishnamoorthi, learned Advocate has taken notice for all the three respondents in the OP/Original Applicants in the OA. Sri.Krishnamoorthi, learned Advocate, appearing for the respondents in the OP would submit on the basis of instructions that the Apex Court has already admitted SLP civil No.1933/2020, arising out of the impugned final order dated 20.09.2019, rendered by the Division Bench of this Court in OP(KAT) No.380/2018 (Ext.P9 herein) and has also granted stay of recovery proceedings and further that it is expected that the SLP/Civil Appeal may be finally disposed of by the Apex Court, within a short time or so and that this Court may await for some time to ascertain as to whether the judgment/final order of the Apex Court in the above SLP/Civil Appeal is rendered in the meanwhile. The interim stay order granted by this Court, will stand extended until further orders.
List the case in the Admission List on 04.07.2022.
Handover to both sides. Sd/-
ALEXANDER THOMAS
JUDGE
sd/-
SHOBA ANNAMMA EAPEN
JUDGE
Nsd
27-05-2022 /True Copy/ Assistant Registrar