P.C.Mathew vs The State Of Kerala
2021 Latest Caselaw 23341 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT
                    THE HONOURABLE MR.JUSTICE V.G.ARUN
       Thursday, the 25th day of November 2021 / 4th Agrahayana, 1943

                   IA.NO.1/2021 IN OP(C) NO. 608 OF 2021


                EP 43/2020 OF PRINCIPAL SUB COURT, KOTTAYAM

PETITIONER/PETITIONER:

     P.C.MATHEW, AGED 78 YEARS, S/O. CHACKO, RESIDING AT PAINUNKAL HOUSE,
     KUZHIPURAYIDOM KARA, MANARCADU, KOTTAYAM DISTRICT.

RESPONDENTS/RESPONDENTS:

  1. THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR,
     COLLECTORATE (PO), KOTTAYAM, PIN-686 001.
  2. THE SPECIAL TAHSILDAR (LA) GENERAL, COLLECTORATE (PO), KOTTAYAM,
     PIN-686 001.
  3. THE SECRETARY, MANARCADU GRAMA PANCHAYAT, MANARCADU (PO), KOTTAYAM
     DISTRICT, PIN-686 019.



     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to enlarge the time
fixed in judgment dated 30.03.2021 of the above OP(C), for a further
period of three months.

     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this court's judgment
dated 30-03-2021 and upon hearing the arguments of M/S.M.V.THAMBAN,
R.REJI, THARA THAMBAN, B.BIPIN & ARUN BOSE, Advocates for the petitioner
and of SENIOR GOVERNMENT PLEADER for R1 & R2 and SRI.SURIN GEORGE IPE,
Standing Counsel for R3, the court passed the following:




                                                                   (P.T.O)
                                   V.G.ARUN, J.
          ...................................................................
                              I.A No.1 of 2021
                                          IN
                          O.P(C)No.608 of 2021
         .....................................................................
         Dated this the 25th day of November, 2021

                                   ORDER

By judgment dated 30.3.2021, this court directed the

Sub Court, Kottayam to pass final orders in E.P

No.43/2020 within a period of six months, subject to the

final result of the review petition pending before this

Court. This application is filed by the petitioner for getting

the time enlarged by three months. It is stated that only

when auction of the property was scheduled, it was

noticed that the Panchayath had constructed two roads

which has resulted in a change to the boundaries and

extent of the property. Hence, petitioner was compelled to

file an application to re-schedule the sale proclamation.

Learned counsel for the 3rd respondent Panchayath

submitted that, as against the judgment of this court in

the Land Acquisition Appeal, State has preferred RP

No.610/2021 on 13.09.2021 and the same is pending

consideration.

Circumstances being as above, the time stipulated in I.A No.1 of 2021 IN O.P(C)No.608 of 2021

judgment dated 30.03.2021 is extended by a further period

of two months. As observed in the judgment, order passed

in the execution petition will be subject to the final

outcome of the review petition.

Sd/-

V.G.ARUN JUDGE SJ

25-11-2021 /True Copy/ Assistant Registrar