Kerala High Court
State Of Kerala vs Pradeep.P on 2 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Tuesday, the 2nd day of November 2021 / 11th Karthika, 1943
IA.NO.1/2021 IN OP(KAT) NO. 242 OF 2020
AGAINST ORDER DATED 10.10.2019 IN OA 203/2019 OF THE KERALA ADMINISTRATIVE
TRIBUNAL, THIRUVANANTHAPURAM)
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APPLICANTS/PETITIONERS IN OP(KAT):
1.STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT,
WATER RESOURCES DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM-695 001.
2.THE CHIEF ENGINEER,(IRRIGATION AND ADMINISTRATION),
PUBLIC OFFICE BUILDING,THIRUVANANTHAPURAM,PIN-695 033.
RESPONDENT/RESPONDENT IN OP(KAT):
PRADEEP P.,S/O.PRABHAKARAN,RESIDING AT "PREETHA NIVAS",
(FRM PUNNAVILA VEEDU),PERUMPUZHA CHERY,
ELAMAPALLOR VILLAGE,KOLLAM TALUK,PERUMPUZHA P.O.,
KOLLAM -691 504. WORKING AS DIESAL MECHANIC EMPLOYED
AS AN HR EMPLOYEE IN OFFICE OF THE DREDGER SUB DIVISION,
KAKKANADU,ERNAKULAM.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to extend the time
limit prescribed in the judgment dated 02.02.2021 in OP(KAT)No.242/2020 by
a period of three months from today.
This Application coming on for orders on 02/11/2021 upon perusing
the application and the affidavit filed in support thereof and this
Court's Judgment dated 02/02/2021 and upon hearing the arguments of
SRI.B.UNNIKRISHNA KAIMAL, SENIOR GOVERNMENT PLEADER for the petitioners in
IA/OP and of M/S.M.V.THAMBAN,R.REJI,THARA THAMBAN, B.BIPIN & ARUN BOSE,
Advocates for the respondent in IA/OP, the court passed the following:
P.T.O.
ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
=========================================
I.A.No.1 of 2021
in
O.P(KAT) No.242 of 2020
[Arising out of impugned order dated 10.10.2019 in O.A.No.203/2019 on
the file of the KAT, TVM Bench]
=========================================
Dated this the 2nd day of November, 2021
ORDER
This is an application filed by the applicant in the I.A /petitioners in
the O.P - State of Kerala & the Chief Engineer seeking extension of time
for compliance of directions in the judgment dated 2.2.2021 in
OP(KAT)No.242 of 2020 by a further period of three months from the
date of filing of the I.A (30.9.2021).
2. Heard both sides.
3. The plea for time extension is strongly and seriously opposed
by Shri.M.V.Thamban, learned counsel appearing for the respondents in
the I.A./respondents in the OP/applicant in the O.A. It is pointed out by
Shri.M.V.Thamban, learned counsel appearing for the respondents in the
I.A that this Court had granted only six weeks from the date of receipt of
the copy of the judgment in the OP(KAT) for compliance of the directions
in O.A, etc., and that therefore, the present plea to grant time upto
31.1.2021, is highly unreasonable and unfair.
4. Shri.B.Unnikrishna Kaimal, the learned Senior Government
Pleader appearing for the applicants in the I.A submits that this Court
may extend the time limit at least by 2 to 3 months or so.
I.A.No.1 of 2021
in
5. Having heard both sides, we note that the original time limit
was 6 weeks from the date of rendering of the judgment in the O.P.
Hence, we strongly note the fervent pleas made by the counsel for the
respondents in the I.A., opposing the plea for time extension. However,
in the interest of justice and taking note of the facts and circumstances
stated in the affidavit dated 16.9.2021 filed by the applicant in the I.A, in
support of the prayer in the I.A for time extension, it is ordered that the
time limit for compliance will stand extended by a further period of six
weeks from today, as last chance. The Secretary to the Advocate General
will forward a copy of this order to the applicants in the I.A- State of
Kerala and the Chief Engineer. The Registry will forward a copy of this
order to the Kerala Administrative Tribunal, Thiruvananthapuram
Bench, who has dealt with O.A.No.203 of 2019, for necessary
information.
With these observations and directions, the above I.A will stand
disposed of.
Hand Over
sd/-
ALEXANDER THOMAS, JUDGE
sd/-
VIJU ABRAHAM, JUDGE
pm
02-11-2021 /True Copy/ Assistant Registrar
