Kerala High Court
Frijo Xavier vs Central Board Of Secondary ... on 31 March, 2021
IA/1/2021 IN WA 681/2020 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
st th
Wednesday,the 31 day of March 2021/10 Chaithra, 1943
IA/1/2021 IN WA/681/2020
Against Judgment dated 05.03.2020 in WP(C) No.1044/2020 of this Court.
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For information purpose only
PETITIONER/APPELLANT:
FRIJO XAVIER,AGED 25 ,S/O.XAVIER,CHULLIMANOOR P.O,
PANAVOOR VILLAGE,
THIRUVANANTHAPURAM, PIN-695541.
RESPONDENTS/RESPONDENTS :
1. CENTRAL BOARD OF SECONDARY EDUCATION(REGIONAL OFFICE),
REPRESENTED BY THE REGIONAL OFFICER, J BLOCK NO.3
(OLD PLOT NO.1630 A),ANNA NAGAR, WEST CHENNAI-600040.
2. THE PRINCIPAL,CHRISTU JYOTHI ENG MED SCHOOL,
CHULLIMANOOR,NEDUMANGAD,THIRUVANANTHAPURAM K..L,
THIRUVANANTHAPURAM,PIN-695541.
Application praying that in the circumstances stated in the affidavit filed therewith the High
Court be pleased to extend the time granted by this Hon'ble Court in Judgment dated 22-09- 2020 in
W.A.No.681/2020 for the payment of fine amount and production of the copy of Judgment by 2
weeks, in the interest of justice.
This application coming on for orders on 31.03.2021 upon perusing the application and the
affidavit filed in support thereof and this court's judgment dated 22.09.2020 and upon hearing
the arguments of SRI.M.ABDUL RASHEED, Advocate for the petitioner and of SRI.NIRMAL
S.,STANDING COUNSEL for the respondent 1, the court passed the following;
P.T.O.
S. MANIKUMAR, CJ
&
SHAJI P. CHALY, J
-----------------------------------------------
I.A. No.1 of 2021
in
WA. No. 681 of 2020
For information purpose only
----------------------------------------------
Dated this the 31st day of March, 2021
ORDER
S. Manikumar, CJ.
Appellant has filed I.A. No.1 of 2021 to extend the time granted by
this Court in W.A. No.681 of 2020 dated 22.9.2020 for payment of fine
amount.
2. Though in W.A. No.681 of 2020 dated 22.9.2020, we directed
payment of fine of Rs.5,000/- as ordered by a Division Bench of this Court
in Subin Mohammed v. Union of India [2016 (1) KLT 340], there is a delay
in payment of fine to the CBSE/1st respondent. Appellant has paid fine,
but not within the specified time. Thus, for extension of time, instant I.A.
No.1 of 20201 is filed. Reasons assigned in the supporting affidavit are
as follows:
"4. My counsel has received the judgment on 25.9.2020 and it
was sent to me. I received the judgment on 30.9.2020. At
that time I was in quarantine and my village was in
containment zone. That is why I could not produce the
judgment before the respondents and pay the fine within the
time stipulated in the judgment. Thereafter I approached the
respondents with money and judgment, but they informed me
W.A.681/2020
that they were helpless to accept the same as the time is
over with regard to the time stipulated in the judgment.
5. In this circumstances, it is necessary to extent the
time by two weeks for producing the judgment and paying
For information
the fine purpose
amount. I have taken Demand only
Draft in the name of
the CBSE. True copy of the Demand Draft for Rs.5,000/-
taken by me in the name of CBSE dated 1.3.2021 is
produced herewith and marked as Annexure-1."
3. Mr. S. Nirmal, learned Standing Counsel for Central Board of
Secondary Education represented by Regional Officer, has no objection
for extension of time.
Being satisfied with the reasons assigned, time is extended as
prayed for.
Sd/-
S. Manikumar,
Chief Justice
Sd/-
Shaji P. Chaly,
Judge
sou.
/true copy/ Sd/- ASSISTANT REGISTRAR
