Citation : 2022 Latest Caselaw 3452 Ker
Judgement Date : 22 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
Tuesday, the 22nd day of March 2022 / 1st Chaithra, 1944
IA.NO.1/2022 IN WP(C) NO. 20706 OF 2021(R)
APPLICANTS/RESPONDENTS 1 TO 4 AND 6 TO 7 IN WPC:
1. THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695
001.
2. THE PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA, HOME (C)
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
3. THE SECRETARY TO GOVERNMENT OF KERALA, LAW DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
4. THE SECRETARY TO GOVERNMENT OF KERALA, LOCAL SELF GOVERNMENT
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
5. THE DIRECTOR OF PANCHAYATHS, PANCHAYATH DIRECTORATE, PUBLIC OFFICE
BUILDING, VIKAS BHAVAN, THIRUVANANTHAPURAM-695 033.
6. THE DISTRICT COLLECTOR, IDUKKI CIVIL STATION, PAINAVU P.O.,
KUYILIMALA, IDUKKI DISTRICT-685 603.
RESPONDENTS/PETITIONERS AND RESPONDENTS 5, 8 & 9 IN WPC:
1. THE BAR ASSOCIATION, IDUKKI, NO.I-247/90 KUYILIMAL, PAINAVU P.O.,
IDUKKI-685 603, REPRESENTED BY ITS PRESIDENT, ADV.C.K. BABU,
S/O.C.I. KUMAR, CHITTADICHALIL HOUSE, CHERUTHONI, IDUKKI COLONY
P.O., IDUKKI-685 602.
2. ADV. GEORGE THOMAS, S/O THOMAS, SECRETARY, THE BAR ASSOCIATION,
IDUKKI, NO.I-247/90 KUYILIMALA, PAINAVU P.O., IDUKKI-685 603,
RESIDING AT MOOKKILIKAT HOUSE, THANKAMANI P.O., IDUKKI-685 609.
3. THE HIGH COURT OF KERALA, REPRESENTED BY ITS REGISTRAR GENERAL, RAM
MOHAN PALACE, ERNAKULAM, KOCHI-682 031.
4. THE DISTRICT PANCHAYATH, IDUKKI, REPRESENTED BY SECRETARY, PAINAVU
P.O., KUYILIMALA, IDUKKI-685 603.
5. THE SECRETARY, DISTRICT PANCHAYATH, KUYILIMALA, PAINAVU, IDUKKI-685
603.
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 16/11/2021 in WP(C)No.20706/2021
for a further period of 6 months from 28/12/2021.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this Court's judgment
dated 16/11/2021 in WP(C)No.20706/2021 and upon hearing the arguments of
SENIOR GOVERNMENT PLEADER for the petitioners in IA/R1 to R4, R6 & R7 in
WPC, M/S.GEORGE MATHEW, M.D.SASIKUMARAN, MATHEW K.T., SUNIL KUMAR A.G,
GEORGE K.V., PRAVEEN S., DIPU JAMES & STEPHY K REGI, Advocates for R1 & R2
in IA/petitioners in WPC, SRI.B.G.HARINDRANATH, Advocate for R3 in IA/R5
in WPC and of SRI.JOICE GEORGE, Advocate for R4 & R5 in IA/R8 & R9 in WPC,
the court passed the following:
P.T.O.
P.V.KUNHIKRISHNAN, J.
------------------------------------------------
I.A No.1 of 2022
in
W.P.(C).No.20706 of 2021
-------------------------------------------------
Dated this the 22nd day of March, 2022
ORDER
I am not satisfied with the way in which the extension
petition is filed. Admittedly, the time prescribed by this Court as
per judgment dated 16.11.2021 is over on 28.12.2021. The
present petition is filed on 24.02.2022. On a reading of the
affidavit filed along with the petition, I think no serious steps
were taken by the Government based on the directions of this
Court.
2. When this Court directed to consider the matter
within six weeks, a petition is filed to extend the time for six
months. This Court directed the Chief Secretary of the State to
do the needful after co-ordinating all the departments including
Revenue home and local self Government institutions. It is W.P.(C).No.20706 of 2021
surprising to note that the Chief Secretary is not able to consult
the department of his own Government.
The 1st respondent is directed to file a better affidavit
explaining the steps so far taken and the reason for not filing an
enlargement petition in time.
Post on 04.04.2022.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE spk
22-03-2022 /True Copy/ Assistant Registrar
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