State Of Kerala vs Pushparajan
2021 Latest Caselaw 13555 Ker

LA.App. No.41/2021                          1/3

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                          THE HONOURABLE MR.JUSTICE C.S.DIAS
              Thursday, the 1st day of July 2021 / 10th Ashadha, 1943
                      I.A.NO.2/2021 IN LA.APP. NO. 41 OF 2021
           LAR 282/2008 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM
   APPELLANTS/RESPONDENTS IN L.A.R:

       1. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR,
          THIRUVANANTHAPURAM
       2. THE EXECUTIVE ENGINEER, P.W.D ROADS DIVISION, THIRUVANANTHAPURAM

   RESPONDENT/CLAIMANT IN L.A.R:

           PUSHPARAJAN S/O. SWAMINATHAN, PERUMTHOTTATTU PUTHEN VEEDU,
           THRIKKANAPURAM 695 032

        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to stay the execution
   of the award in L.A.R No 282/2008 before the Additional Sub Court,
   Thiruvananthapuram, in the interest of justice.
        This Application coming on for orders upon perusing the application
   and the affidavit filed in support thereof, and upon hearing the arguments
   of GOVERNMENT PLEADER,      for the petitioners, the court passed the
   following:
 LA.App. No.41/2021                        2/3

                                       C.S DIAS,J.
                                   ---------------------------
                                  LAA No.41 of 2021
                                  -----------------------------
                          Dated this the 1st day of July, 2021.

                                        ORDER

Admitted.

Service is complete.

C.M.Appln No.1/2021

This is an application filed to condone the delay of 650

days in filing the appeal.

2. Considering the averments in the affidavit filed in

support of the application, and after hearing the learned

Government Pleader appearing for the petitioners, I am

satisfied that the petitioners have stated sufficient reasons to

condone the delay of 650 days in filing the appeal. Hence, the

application is allowed and the delay is condoned.

I.A 2/2021

This is an application filed to stay the execution of the

award in LAR 282/2008 on the file of the Additional Subordinate

Court, Thiruvananthapuram.

After considering the averments in the affidavit filed in

support of the application and perusing the impugned LA.App. No.41/2021 3/3

LAA No.41 of 2021

judgment, I am satisfied that the impugned judgment has to be

stayed. Hence, I stay all further proceedings in LAR 282/2008

on condition that the petitioners deposit 50% of the

compensation amount before the court below within a period

of one month from today. The respondent/claimant would be at

liberty to move the court below for withdrawal of the deposited

amount.

Sd/-

          Sks/1.7.2021                                   C.S.DIAS, JUDGE




01-07-2021                       /True Copy/                         Assistant Registrar