Citation : 2021 Latest Caselaw 20298 Ker
Judgement Date : 30 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Thursday, the 30th day of September 2021 / 8th Aswina, 1943
IA.NO.3/2021 IN OP(KAT) NO. 66 OF 2017
(AGAINST THE ORDER DATED 15-11-2016 IN OA 3020/2013 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM)
APPLICANTS/PETITIONERS IN OP(KAT):
1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2. THE STATE POLICE CHIEF, POLICE HEAD QUARTERS, VAZHUTHACAUD,
THIRUVANANTHPAURAM-695 010.
3. THE DISTRICT POLICE CHIEF, DISTRICT POLICE OFFICE,
KANNUR-670 002.
RESPONDENT/RESPONDENT IN OP(KAT):
VISWAPRABHAN C. P., SON OF DAMODHARAN, AGED 56 YEARS, UDAYA
NIVAS CHOVVA, KANNUR-670 006, WORKING AS DRIVER ASI (GRADE)
A R CAMP, KANNUR, KERALA.
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 09-04-2021 in
OP(KAT)No.66/2017 by a period of 3 months from 08-08-2021.
This Application coming on for orders on 30-09-2021 upon
perusing the application and the affidavit filed in support
thereof, and the judgment dated 09-04-2021 in OP(KAT)No.66/2017
and upon hearing the arguments of SENIOR GOVERNMENT PLEADER, for
the petitioners and of M/S AJIT G ANJARLEKAR, GOVIND
PADMANAABHAN,RAM MOHAN.G., G.P.SHINOD Advocates for the
respondent, the court passed the following:
ALEXANDER THOMAS & A.BADHARUDEEN, JJ.
=================================================
I.A. No. 3 of 2021
in
OP(KAT) No. 66 of 2017
[arising out of impugned order dated 15.11.2016 in
O.A. No. 3020/2013 on the file of the KAT, Thiruvananthapuram Bench]
=================================================
Dated this the 30th day of September, 2021
ORDER
Heard Sri.B.Unnikrishna Kaimal, learned Senior Government
Pleader appearing for the applicants in the I.A./petitioners in the
OP(KAT) and Sri.Govind Padmanabhan, learned counsel appearing for
the sole respondent in the I.A./sole respondent in the OP(KAT).
2. This is an application for time extension whereby time by
3 months from 8.8.2021 is sought, for complying with the directions in
the judgment dated 9.4.2021 in OP(KAT) No.66/2017.
3. Sri.B.Unnikrishna Kaimal, learned Senior Government
Pleader appearing for the applicants in the I.A. submits that due to
exigencies of administration, there occurred delay in compliance and
time extension is sought for only up to 7.11.2021.
4. The plea for time extension is seriously opposed by
Sri.Govind Padmanabhan, learned counsel appearing for the sole I.A. No. 3/2021 in OP(KAT) No. 66/2017
respondent in the I.A., on the ground that contempt proceedings are
already pending before the Tribunal, and the respondents in the
contempt petition/petitioners herein have been directed to comply with
the directions on or before today, failing which the officer concerned
should appear personally before the Tribunal, etc.
5. After hearing both sides we are of the view that time limit
could be extended till 31.10.2021.
6. Sri.B.Unnikrishna Kaimal, learned Senior Government
Pleader appearing for the applicants in the I.A. would point out that the
averments in the affidavit dated 15.9.2021 filed by the Under Secretary to
the Government in support of the above time extension application is
clearly to the effect that time extension is sought for only for the purpose
of compliance of the directions and orders of the Tribunal, etc.
7. The abovesaid undertaking made on behalf of the State
Government that they would certainly comply with the directions and
orders of the Tribunal, as ordered in the present O.A. is hereby recorded.
Hence, time is extended up to 31.10.2021 only for the purpose of
compliance of the directions and orders of the Tribunal as ordered in the
present O.A.
I.A. No. 3/2021 in OP(KAT) No. 66/2017
With these observations and directions the above application will
stand disposed of.
Hand over to both sides.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
A.BADHARUDEEN, JUDGE MMG
30-09-2021 /True Copy/ Assistant Registrar
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