Manoharan Pilla vs The District Collector
2022 Latest Caselaw 4826 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
             THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
        FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
                        WP(C) NO. 14941 OF 2022
PETITIONER/S:

            MANOHARAN PILLA
            AGED 65 YEARS
            S/O PILLAI,
            PALAMKOTT PADINJATTATHIL HOUSE,
            CHAKKUVARAKKAL, VETTIKKAVALA, PUNALUR,
            KOLLAM DISTRICT.
            BY ADV LATHEESH SEBASTIAN


RESPONDENT/S:

    1       THE DISTRICT COLLECTOR
            CIVIL STATION, KOLLAM-691001.
    2       THE ASSISTANT EXECUTIVE ENGINEER,
            KALLADA IRRIGATION PROJECT (LEFT BANK),
            SUB DIVISION NO.1, PUNALUR, KOLLAM DISTRICT - 691305
    3       THE ASSISTANT ENGINEER,
            KALLADA IRRIGATION PROJECT (LEFT BANK)
            SECTION NO. 3/1, PUNALUR, KOLLAM DISTRICT 691305
OTHER PRESENT:

            SMT VINITHA .V SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14941 OF 2022
                                2



                MOHAMMED NIAS C.P., J
            =======================
               W.P.(C) No.14941 of 2022
            =======================
            Dated this the 29th day of April, 2022


                       JUDGMENT

The petitioner seeks a reasonable time to challenge

Ext.P4 order before the appellate authority and seeks for

stay of its operation till then so as to enable the petitioner to

file an appeal. Ext.P4 directs the petitioner to vacate from

the property in question within 7 days from the date of

receipt of the same.

2. I heard the learned counsel for the petitioner and

the learned Government Pleader.

3. Having regard to the facts and circumstances to

the case, I deem it appropriate to direct the petitioner to file

an appeal against Ext.P4 order before the 1 st respondent

District Collector within a period of 30 days from today

including any application for interim relief. The District

Collector on receipt of the same, if it is filed within the time

presented in this judgment and pass appropriate orders on WP(C) NO. 14941 OF 2022

the same within a period of four weeks thereafter. Till

orders passed as above and communicated to the

petitioner, the operation of Ext.P4 will be kept in abeyance.

Needless to say that if the appeal is not filed within the time

noted above, the petitioner will lose the benefit of this

judgment and the respondents can proceed with Ext.P4 in

accordance with law.

The writ petition is disposed of as above.

Sd/-

MOHAMMED NIAS C.P., JUDGE

LU WP(C) NO. 14941 OF 2022

APPENDIX OF WP(C) 14941/2022

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 15.12.2021, ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED BEFORE THE 3RD RESPONDENT DATED 18.12.2021 EXHIBIT P3 TRUE COPY OF THE APPLICATION OF THE PETITIONER FILED BEFORE THE 1ST RESPONDENT ON 17.12.2021.

EXHIBIT P4 TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 18.04.2022.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER DATED 25.04.2022 SUBMITTED BEFORE THE 3RD RESPONDENT.

               //     True Copy //   PA To Judge