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The Bar Association vs State Of Kerala
2022 Latest Caselaw 3452 Ker

Citation : 2022 Latest Caselaw 3452 Ker
Judgement Date : 22 March, 2022

Kerala High Court
The Bar Association vs State Of Kerala on 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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