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Jalaja N vs The District Collector
2021 Latest Caselaw 21659 Ker

Citation : 2021 Latest Caselaw 21659 Ker
Judgement Date : 2 November, 2021

Kerala High Court
Jalaja N vs The District Collector on 2 November, 2021
             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    Tuesday, the 2nd day of November 2021 / 11th Karthika, 1943
            IA.NO.1/2021 IN WP(C) NO. 18656 OF 2013(F)
APPLICANTS/RESPONDENTS NOS.1 & 2 IN WPC:
  1. THE DISTRICT COLLECTOR CIVIL STATION, KOZHIKODE-673020.
  2. THE SPECIAL TAHSILDAR(LA), QUILANDY, KOZHIKODE-673620.

RESPONDENTS/PETITIONER & 3RD RESPONDENT IN WPC:
  1. JALAJA N., AGED 44 YEARS, W/O.P.BABU KARTHIKEYAN,
    'VIGNESWARA', 22ND MILE, MANJERI-676121.
  2. THE KERALA INDUSTRIAL INFRASTRUCTURAL CORPORATION (KINFRA),
    T.C.NO.31/2312, KINFRA HOUSE, THIRUVANANTHAPURAM-695010.
     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.18656/2013
dated 26.05.2014 by a further period of 6 months from
07.10.2021.
     This Application coming on for orders upon perusing the
application and the affidavit filed in support thereof, and this
Court's Judgement dated 26.05.2021 and upon hearing the
arguments of SMT.AMMINIKUTTY K, SENIOR GOVERNMENT PLEADER for
the Applicants in IA/Respondents 1 & 2 in WP(C)
M/S.P.B.KRISHNAN,   N.AJITH, GEETHA P.MENON, P.M.NEELAKANDAN &
P.B.SUBRAMANYAN, Advocates for the Respondent 1 in IA/petitioner
in WP(C) and of SRI.G.S.REGHUNATH Advocate for the respondent 2
in IA/Respondent 3 in WP(C), the court passed the following:
                  DEVAN RAMACHANDRAN, J.
          =========================
          I.A.No.1/2021 in W.P.(C) No.18656 of 2013
          ==========================
          Dated this the 2nd day of November, 2021

                               ORDER

This application has been filed seeking extension of time

for compliance of the directions in the judgment in W.P.(C)

No.18656/2013, by a period of six months from 07.10.2021.

2. However, Sri.P.B.Krishnan, learned counsel appearing

for the writ petitioner, submitted that this application is not

maintainable because, as per the judgment in question, the

time fixed was three months from its receipt, namely in the

year 2014. He submitted that, therefore, the extension now

sought for is not merely six months, but more than eight

years, reckoning the time fixed in the judgment. He then

explained that when the judgment was not complied with, his

client had filed a Contempt of Court Case before this Court,

in which, by way of an indulgence, a further two months time

had been granted. He submitted that, therefore, the

respondents cannot seek an extension of time in the writ

petition, when the earlier extension was granted in the

Contempt Case.

3. Even though I find substantial force in the

submissions of Sri.P.B.Krishnan, the fact remains that action I.A.No.1/2021 in W.P.(C) No.18656 of 2013

in terms of the judgment must be completed, for his client

to obtain any relief.

4. Certainly, the time now sought for by the

petitioners in this application does not appear to be

reasonable, particularly when the original time frame in

the judgment was only three months.

5. I, therefore, allow this application, granting three

months time from today, for the respondents to complete

the processes as ordered in the judgment dated

26.05.2014.

I make it clear that no further extension will be

considered or granted and that the petitioners herein will

have to complete the exercise within the aforementioned

time.

Sd/- DEVAN RAMACHANDRAN, JUDGE stu

02-11-2021 /True Copy/ Assistant Registrar

 
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