Kerala High Court
Abdul Salam vs State Of Kerala on 3 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
Friday, the 3rd day of June 2022 / 13th Jyaishta, 1944
IA.NO.1/2022 IN WP(C) NO. 4698 OF 2021(J)
APPLICANTS/RESPONDENTS 1 & 2 IN WP(C)
1. THE STATE OF KERALA, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY,
HOME DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM - 695 001.
2. DISTRICT COLLECTOR, ERNAKULAM, COLLECTORATE, CIVIL STATION,
KAKKANADU, ERNAKULAM - 682 030.
RESPONDENTS/PETITIONER & 3RD RESPONDENT IN W.P.(C):
1. ABDUL SALAM, S/O.LATE T.B.MOHAMMED, RESIDING AT KILIPARAMBIL HOUSE,
INTUC JUNCTION, NETTOOR, ERNAKULAM - 682 040.
2. SAAN POPULAR FINANCE PVT.LTD., HAVING ITS REG. OFFICE AT
NO.3/1831/6(B), 3RD FLOOR, HRIDYAM ARCADE, ASWINI JUNCTION, THRISSUR
- 680 022, REPRESENTED BY ITS DIRECTOR.
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 04-01-2022 in W.P.(C) No.4698/2021
by a further period of 6 months from 09-04-2022.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this Court's Judgment
dated 04-01-2022 in WP(C) and upon hearing the arguments of SRI.K.V.SOHAN,
STATE ATTORNEY & GOVERNMENT PLEADER for the petitioners in IA/respondents
1 & 2 in WP(C), M/S. P.G.JAYASHANKAR, P.K.RESHMA (KALARICKAL), REVATHY P.
MANOHARAN & S.RAJEEV, Advocates for respondent 1 in IA/petitioner in WP(C)
and of SRI.C.S.MANU, Advocate for respondent no.2 in IA/respondent no.3 in
WP(C), the court passed the following:-
P.T.O.
P.V.KUNHIKRISHNAN, J.
======================================================
I.A.No. 1 of 2022
in
W.P.(C) No.4698 of 2021
=============================================================
Dated this the 3rd day of June, 2022
ORDER
Heard the Government Pleader and the counsel appearing
for the petitioner.
2. This is an application filed to extend the time limit
prescribed in the judgment dated 04.01.2022 in WP(C) No. 4698
of 2021 for a further period of six months from 9.04.2022. The
Government Pleader submitted that about 16 branches are there
and several formalities are to be complied with for vacating the
premises. The Government Pleader also takes me through the
letter issued by the District Collector, Ernakulam to the
Additional Chief Secretary, dated 11.03.2022. In paragraph 1 of
the above letter, the difficulties faced by the officials are narrated
in detail.
3. On the other hand, the counsel appearing for the
respondents seriously opposes the application. The counsel
I.A.No. 1 of 2022 in
W.P.(C) No.4698 of 2021
submitted that the premises are now in the possession of the
applicants and the respondents are not even getting any rent. The
branch office was taken possession by the authorities in October,
2020. This Court already granted three months time to the
applicants. Even now, the applicants are not taking any steps.
4. It is true that the contentions raised by the respondents
are genuine. The applicants should take care of their interest and
should do the needful immediately. The prayer for six months
time cannot be granted at this point of time. However,
considering the facts and circumstances of the case, three months
time can be granted from today.
Therefore this application is allowed. The time prescribed in
the judgment dated 04.01.2022 in WP(C) No.4698 of 2021 is
extended for a further period of three months from today.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
03-06-2022 /True Copy/ Assistant Registrar
