Kerala High Court
The Assistant Commissioner ... vs M/S.Asset Reconstruction ... on 6 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Wednesday, the 6th day of July 2022 / 15th Ashadha, 1944
WA NO. 817 OF 2022
AGAINST JUDGMENT DATED 30.07.2019 IN WP(C) 12849/2018 OF THIS COURT
APPELLANTS/RESPONDENTS 1 & 2 IN WP(C):
1. THE ASSISTANT COMMISSIONER (ASSMT), OFFICE OF THE ASSISTANT
COMMISSIONER,SPECIAL CIRCLE,KOLLAM-691 001.
2. THE TAHSILDAR, REVENUE RECOVERY,KOLLAM-691 008.
BY GOVERNMENT PLEADER
RESPONDENTS/PETITIONER & RESPONDENT NO.3 IN WP(C):
1. M/S.ASSET RECONSTRUCTION COMPANY (INDIA) LIMITED, 'THE RUBY', 10TH
FLOOR,29 SENAPATI BAPAT MARG,DADAR (WEST) MUMBAI-400 028,REPRESENTED
BY AUTHORISED SIGNATORY RAMESH RAMAN.
2. MVR INDUSTRY LIMITED, FORMERLY KNOWN AS MVR EXPORTS
PVT.LTD.NO.24,GST ROAD,GUINDY,CHENNAI-32, REPRESENTED BY ITS
MANAGING DIRECTOR.
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation and implementation of the Judgment dated 30.07.2019
in WP(C) No.12849/2018, pending disposal of the Writ Appeal.
This Writ Appeal coming on for admission on 06/07/2022 upon perusing
the appeal memorandum, the court on the same day passed the following:
P.T.O.
S.Manikumar, C.J.
&
Shaji P.Chaly, J.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
C.M.Appln.No.1 of 2022
&
W.A.No.817 of 2022
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
Dated this the 6th day of July, 2022
ORDER
S.Manikumar, C.J.
C.M.Appln.No.1 of 2022
Being aggrieved by the judgment in W.P.(C)No.12849 of
2018 dated 30.07.2019, instant writ appeal is filed with a delay
of 300 days in filing the appeal.
2. Reasons assigned for the delay are as follows:
"3. The judgment in the Writ Petition was pronounced
on 30.07.2019 and an application for obtaining certified
copy of the judgment was filed on 06.09.2019. The certified
copy was ready on 18.09.2019 and the date notified for
appearance to receive the copy was on 26.09.2019 and the
copy was actually collected from the registry on 23.09.2019.
4. After obtaining certified copy of the judgment, a
copy of the same was transmitted from the Advocate
General's Office to the Office of the appellants and after
the receipt of the copy, on perusal of the judgment, it was
revealed that the judgment was delivered by the learned
Single Judge without considering the provisions of the Act
and Rules.
C.M.Appln.No.1 of 2022
in W.A.No.817 of 2022
5. Later, the Judgment and files pertaining to the
aforesaid writ petition were placed before the Government
Pleader. After perusal of the judgment and examining
other legal aspects, the Government Pleader opined that
appeal is to be filed against the Judgment and accordingly,
after a discussion with the Government Pleader it was
decided to file an appeal. However, due to heavy rainfall in
the monsoon season, severe flood affected in the revenue
district of Kollam. In order to monitor relief camps as well
as to evacuate people to safe places, the District
Administration engaged several staff in the section for the
above purpose.
6. In the meanwhile, due to the back drop of Covid-
19 Pandemic, the State of Kerala as well as the Central
Government announced complete lock down on
23.03.2020. Due to the strict restrictions imposed on the
back drop of the Covid-19 Pandemic, all Government
offices were remained closed for more than one and half
month. Because of the aforesaid reasons, the further step
pursuant to the decision to file an appeal, were delayed. In
the meantime, the statutory period for filing the appeal
was over and there occurred a delay of 300 days.
7. On 09.11.2020, appellants herein filed WA against
the impugned Judgment, which was returned by the
Registry after noting certain defects. After the declaration
of election to the Legislative Assembly, officials attached
to the office of the applicants fully engaged in election
affairs."
Having satisfied with the reasons assigned, the application
is allowed.
C.M.Appln.No.1 of 2022
in W.A.No.817 of 2022
W.A.No.817 of 2022
In similar circumstances, W.A.Nos.1096 of 2021 and 1655
of 2021 have been admitted and interim order granted.
Following the order made in the above writ appeals, instant
writ appeal is also admitted.
There shall be an interim stay of the operation and
implementation of the judgment in W.P.(C)No.12849 of 2018
dated 30.07.2019.
Post along with W.A.No.2114 of 2019 and connected
cases.
Sd/-
S.Manikumar
Chief Justice
Sd/-
Shaji P.Chaly
Judge
vpv
06-07-2022 /True Copy/ Assistant Registrar
