Ashraf vs Subaida
2022 Latest Caselaw 10665 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
                                    &
                THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
          Friday, the 21st day of October 2022 / 29th Aswina, 1944
                             WA NO. 1487 OF 2022

    AGAINST JUDGMENT DATED 21.12.2021 IN WP(C) 3833/2021 OF THIS COURT

APPELLANT/SIXTH RESPONDENT IN THE WRIT PETITION:

     ASHRAF, AGED 56 YEARS ,S/O.YAHU,RESIDING AT IBRAHIMINTEPURAKKAL
     HOUSE,VAKKAD P.O.,TIRUR,MALAPPURAM DISTRICT,PIN-676105.

BY ADVS.M/S. J.R.PREM NAVAZ & SUMEEN S.

RESPONDENTS/APPELLANT & RESPONDENT NO.1 TO 4, AND LEGAL HEIRS OF THE FIFTH
RESPONDENT:

  1. SUBAIDA, AGED 50 YEARS ,D/O.USSAN,RESIDING AT ASIKKINTE PURAKKAL
     HOUSE, TIRUR TALUK,.MANGALAM AMSOM,KOTTAYI DESOM,MALAPPURAM
     DISTRICT.PIN-676561.
  2. THE DISTRICT POLICE CHIEF, MALAPPURAM,DOWN HILL,MALAPPURAM
     DISTRICT,PIN-676505.
  3. CIRCLE INSPECTOR OF POLICE, TIRUR,MALAPPURAM DISTRICT-676101
  4. THE STATION HOUSE OFFICER, TIRUR POLICE STATION,MALAPPURAM
     DISTRICT,PIN-676101.
  5. TALUK SURVEYOR, TIRUR TALUK OFFICE,TIRUR,MINI CIVIL
     STATION,MALAPPURAM DISTRICT-670106.
  6. RAMLA, AGED 48 YEARS,W/O.LATE ISMAIL,IBRAHIMINTEPURAKKAL
     HOUSE,THANALUR P.O.,K.PURAM,TIRUR TALUK,MALAPPURAM
     DISTRICT,PIN-676307.
  7. SULFIKAR ALI, AGED 26 YEARS,S/O.LATE ISMAIL,IBRAHIMINTEPURAKKAL
     HOUSE,THANALUR P.O.,K.PURAM,TIRUR TALUK,MALAPPURAM
     DISTRICT,PIN-676307.
  8. SHAFEEQUE, AGED 24 YEARS, LATE ISMAIL,IBRAHIMINTEPURAKKAL
     HOUSE,THANALUR P.O.,K.PURAM,TIRUR TALUK,MALAPPURAM
     DISTRICT,PIN-676307.

BY GOVERNMENT PLEADER FOR R2 TO 5

     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 of judgment dated 21.12.2021 in Writ Petition(Civil)
No.3833 of 2021, pending disposal of the above Writ Appeal.
     This Writ Appeal coming on for orders on 21/10/2022 upon perusing
the appeal memorandum, the court on the same day passed the following:

                                                                     P.T.O.
                                 K.VINOD CHANDRAN
                                                &
                              C. JAYACHANDRAN, JJ.
                             ........................................
                                W.A.No. 1487 of 2022
                   ................................................................
                   Dated this the 21st day of October, 2022


                                            ORDER

K.Vinod Chandran, J.

The learned Government Pleader takes notice for

respondents 2 to 5. Consolidated notice to respondents 1, 6, 7 and

8 by special messenger in the appeal and the C.M. Application

seeking condonation of delay.

2. Despite the statement in the judgment impugned that

the 6th respondent who has been validly served notice from this

Court has not chosen to be present in person or through a counsel,

on going through the JPs, we find that the matter was not admitted

and no notice issued.

In such circumstances, we grant interim stay of the judgment

passed.

Post on 28.10.2022.

Sd/-

K.VINOD CHANDRAN, JUDGE

Sd/-

C. JAYACHANDRAN, JUDGE Dxy

21-10-2022 /True Copy/ Assistant Registrar