The District Collector vs Biju Thomas
2022 Latest Caselaw 9529 Ker

OP(C) No.1630/2022                          1/4

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT
                           THE HONOURABLE MR.JUSTICE C.S.DIAS
                 Thursday, the 25th day of August 2022 / 3rd Bhadra, 1944

                                 OP(C) NO. 1630 OF 2022


              EP 37/2019 IN LAR 262/2014 OF PRINCIPAL SUB COURT, KOZHIKODE

   PETITIONERS/ JUDGMENT DEBTORS:

      1. THE DISTRICT COLLECTOR, CIVIL STATION, ERANHIPPALAM, KOZHIKODE, PIN
         - 673020
      2. THE SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT,
         KOZHIKODE, PIN - 673020
      3. THE CHIEF EXECUTIVE OFFICER, KERALA ROAD FUND BOARD, KOWDIAR,
         THIRUVANANTHAPURAM, PIN - 695033
      4. THE CO-ORDINATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL
         STATION, KOZHIKODE, PIN - 673020

   RESPONDENT/ DECREE HOLDER:

          BIJU THOMAS, S/O. THOMAS, GANAPATHI PLAKKAL, BALAN K NAIR, ROAD,
          ASHOKAPURAM PO, KOZHIKODE, PIN - 673006


        OP (Civil) praying inter alia that in the circumstances stated in
   the affidavit filed along with the OP(C) the High Court be pleased to stay
   all further proceedings pursuant to proceedings with respect to SL No. 13
   in Exhibit P7 proceedings of the learned Sub Court, Kozhikode pending
   disposal of this Original Petition.


        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of OP(C) and upon hearing the arguments of
   GOVERNMENT PLEADER for the petitioners, the court passed the following:


                                                                             [PTO]
 OP(C) No.1630/2022                          2/4




                                      C.S DIAS,J.
                                  ---------------------------
                              OP(C) No.1630 of 2022
                                 -----------------------------
                          Dated this the 25th August , 2022.

                                            ORDER

Admitted. Issue notice to the respondent by speed

post.

2. On a consideration of the pleadings and

materials on record and the undertaking made by the

learned Government Pleader that the petitioners are

ready to deposit the amount of Rs.1,51,477/- before the

Execution Court within three weeks, I am inclined to

pass a conditional interim order.

Hence, I direct the Court of the Principal

Subordinate Judge, Kozhikode to defer all further

proceedings in E.P.No.37/2019 till 14.09.2022 to

enable the petitioners to deposit an amount of OP(C) No.1630/2022 3/4

OP(C) No.1630 of 2022

Rs.1,51,477/- before the court below on or before

06.09.2022. If the amount is deposited, the same shall

be released to the respondent in accordance with law.

However, if the petitioners fail to deposit the amount

within the stipulated time frame, the court below is

directed to march ahead with the proceeding dated

29.08.2022 and sell the vehicles, and dispose of the

execution petition expeditiously, in accordance with

law.

Hand over.

Sd/-

                                                    C.S.DIAS, JUDGE

             rkc/25.08.22




25-08-2022                    /True Copy/                  Assistant Registrar
 OP(C) No.1630/2022                 4/4

                      APPENDIX OF OP(C) 1630/2022

EXHIBIT P7           TRUE COPY OF THE PROCEEDINGS (DIARY EXTRACT) OF THE

LEARNED SUB COURT DATED 27.06.2022.