Kerala High Court
K.B.Aysha Beevi vs State Of Kerala on 22 July, 2021
WP(C) No.23751/2019 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
Thursday, the 22nd day of July 2021 / 31st Ashadha, 1943
IA.NO.1/2021 IN WP(C) NO. 23751 OF 2019 (T)
APPLICANTS/RESPONDENTS 1 TO 3 & ADDL.5TH RESPONDENT IN WP(C)
1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. DISTRICT LEVEL PURCHASE COMMITTEE, (LAND ACQUISITION AUTHORITY),
REPRESENTED BY ITS CHAIRMAN, DISTRICT COLLECTOR, ERNAKULAM-682 030
3. THE SPECIAL TAHSILDAR (LA) NO.III, KOCHI INTERNATIONAL AIRPORT,
NEDUMBASSERY,NAYATHODE P.O., ERNAKULAM DISTRICT,PIN-673 572.
4. ADDITIONAL CHIEF SECRETARY, REVENUE (B), DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM.
RESPONDENTS/PETITIONERS & ADDL.4TH RESPONDENT IN WP(C):
1. K.B.AYSHA BEEVI, GANIS, CONVENT ROAD 1, THOTTAKAATTUKARA P.O., ALUVA
- 683 571.
2. K.B.MUHAMMED ASHRAF, KAVUNGADA MANGALAPPILLY HOUSE, CHOWARA P.O.,
ALUVA-683 571
3. COCHIN INTERNATIONAL AIRPORT LTD., REPRESENTED BY ITS MANAGING
DIRECTOR, COCHIN-683 111.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to extend the time
limit stipulated in the judgment in WP(C) No.23751/2019 dated 05.11.2020
by a further period of 6 months from 09.03.2021.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this Court's judgment
dated 5.11.2020 and upon hearing the arguments of GOVERNMENT PLEADER for
petitioner in IA/R1 to R3 and Addl. R5 in WP(C), M/S.E.N.VISHNU
NAMBOODIRI, M.K.SASEENDRAN, P.SANKARAN NAMPOOTHIRI, NARAYANAN P. POTTY
& P.REJINARK, Advocates for R1 and R2 in I.A/petitioners in WP(C), the
court passed the following:
WP(C) No.23751/2019 2/4
ANIL K.NARENDRAN, J.
------------------------------
W.P.(C)No.23751 of 2019
-----------------------------------
Dated this the 22nd day of July, 2021
ORDER
C.M.Appl.No.1 of 2021
This is an application filed by the appellants/respondents 1
to 3 and additional 5th respondent in W.P.(C)No.23751 of 2019,
seeking an order to condone the delay of 66 days in filing
I.A.No.1 of 2021 for extension of time.
Having considered the averments in the affidavit
accompanying to this CM application and also the submissions
made by the learned counsel on both sides, the delay of 66 days
in filing I.A.No.1 of 2021 for extension of time is condoned.
I.A.No.1 of 2021
This is an application filed by the appellants/respondents 1
to 3 and additional 5th respondent in W.P.(C)No.23751 of 2019,
seeking an order to extend the time limit stipulated in the
judgment dated 05.11.2020 in W.P.(C)No.23751 of 2019 by a
further period of six months from 09.03.2021.
Paragraphs 4 and 5 of this interlocutory application read
thus;
"4. It is respectfully submitted that as authorised by the
Secretary, Revenue Department, the Deputy Secretary
WP(C) No.23751/2019 3/4
W.P.(C)No.23751 of 2019
heard the petitioners on 01.03.2021 based on the
judgment dated 05.11.2020 in W.P.(C)No.23751 of 2019
filed by Smt.K.B. Aysha Beevi and Shri.K.B. Muhammed
Ashraf. The Secretary, Land Board, as per letter dated
02.03.2021 has informed that the Certificate of Title
issued as per 7E of the KLR Act, 1963 needs to be
examined thoroughly by conducting site inspection. It has
also been informed that all officers of that Department has
been posted for the election duty for the upcoming
legislative elections. As such sufficient time has been
sought by them in submitting the final report and the
same will be submitted after the election process is over.
5. It is submitted that the judgment was received on
09.12.2020 and the last date in complying with the
directions is over by 08.03.2021.. Since the report of the
Secretary, Land Board is mandatory as covered in the
judgment dated 05.11.2020 in W.P.(C)No.23751 of 2019
filed by Smt.K.B. Aysha Beevi and Shri.K.B. Muhammed
Ashraf and the same will be received only after the
election process is over. In the above circumstances, it is
humbly prayed that the Hon'ble Court may be pleased to
extend the time for a further period of 6 months from
09.03.2021 for complying the directions of this Hon'ble
Court in W.P.(C)No.23751 of 2019. Otherwise, it will cause
irreparable injury and hardship to these applicants."
Having considered the averments in the affidavit filed in
support of this interlocutory application and also the submissions
WP(C) No.23751/2019 4/4
W.P.(C)No.23751 of 2019
made by the learned counsel on both sides, the extension of time
as sought for, i.e., six months from 09.03.2021, is granted.
Sd/-
ANIL K.NARENDRAN
JUDGE
yd
22-07-2021 /True Copy/ Assistant Registrar
