Citation : 2023 Latest Caselaw 4864 Ker
Judgement Date : 13 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Thursday, the 13th day of April 2023 / 23rd Chaithra, 1945
IA.NO.1/2023 IN WP(C) NO. 7945 OF 2022
PETITIONERS/RESPONDENTS 1 TO 3:
1. TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, NANTHANCODE,
THIRUVANANTHAPURAM - 695003, REPRESENTED BY IT'S SECRETARY.
2. DEVASWOM COMMISSIONER, DEVASWOM HEAD QUARTERS, NANTHANCODE,
THIRUVANANTHAPURAM- 695003.
3. ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD,
KANUNAGAPPALLY- 690 518.
RESPONDENTS/PETITIONERS 1 TO 8:
1. N.HARIDEVAN, AGED 52 YEARS, SHOP ROOM NO.4, BLOCK NO.1,
PADANAYARKULANGARA DEVASWOM SHOPPING COMPLEX, RESIDING AT EDAYILA
VEED, K.S.PURAM P.O., KARUNAGAPALLY, KOLLAM-690 544.
2. S.SOSHILA, SHOP 3, BLOCK 1, 1041, PADANAYARKULANGARA NORTH DEVASWOM
SHOPPING COMPLEX, RESIDING AT GEETHA, PADANAYARKULANGARA NORTH,
KARUNAGAPALLY-690 518.
3. K.P.SOBHANA, ROOM NO. 1, ROOM NO. 1, PADANAYARKULANGARA NORTH
DEVASWOM SHOPPING COMPLEX, RESIDING AT KOIKKALTHEKKATHIL,
PADANAYARKULANGARA NORTH- 690 518.
4. K.SASEENDRAN, SHOP NO.2, BLOCK NO. 1 OF PADANAYARKULANGARA NORTH
DEVASWOM SHOPPING COMPLEX, RESIDING AT GEETHA, PADANAYARKULANGARA
NORTH, KARUNAGAPALLY- 690 518.
5. B.RAJENDRAPRASAD, ROOM NO. 5, GROUND FLOOR, BLOCK NO.1,
PADANAYARKULANGARA DEVASWOM SHOPPING COMPLEX, RESIDING AT ALAKAPURI,
CHANGANKULANGARA, OCHIRA, KARUNAGAPALLY- 690 526.
6. R.MURALIDHARAN NAIR, BLOCK NO. 1V, ROOM NO. 5, PADANAYARKULANGARA
NORTH DEVASWOM SHOPPING COMPLEX, RESIDING AT MANU BHAVAN,
PADANAYARKULANGARA NORTH, KARUNAGAPPALLY - 690 518.
7. P.UDAYABHANU, S/O. PADMANABHAN, RESIDING AT UDAYAPRABHA,
PADANAYARKULANGARA NORTH, KARUNAGAPALLY VILLAGE, KOLLAM- 690 518.
8. AJAYAKUMAR GOSH, S/O. GANGADHARAN, BLOCK NO. II, ROOM NO. 4,
PADANAYARKULANGARA NORTH DEVASWOM SHOPPING COMPLEX, RESIDING AT ARYA
VIHAR, PADANAYARKULANGARA NORTH, KARUNAGAPALLY VILLAGE, KOLLAM 690
518.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to grant an extension
of time by three months from 06.03.2023 for complying the judgment dated
13.10.2022 in the above Writ Petition, in the interest of justice.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this Court's judgment
dated 13.10.2022 and upon hearing the arguments of Sri. G.SANTHOSH KUMAR,
Advocate for Petitioners/Respondents 1 to 3 in IA/ WP(C), M/S.
C.UNNIKRISHNAN, ANANDA PADMANABHAN, UTHARA A.S., MAHESH CHANDRAN and
VIJAYKRISHNAN S. MENON, Advocates for the Respondents/Petitioners 1 to 8
in IA/ WP(C) , the Court passed the following:
p.t.o
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
-----------------------------------------------------------
I.A.No.1 of 2023 & C.M.Appl.No.1 of 2023
in
W.P.(C) No.7945 of 2022
-----------------------------------------------------------
Dated this the 13th day of April, 2023
ORDER
P.G. Ajithkumar, J.
This Writ Petition was disposed of on 13.10.2022. As per
the said judgment, the 2nd respondent-Devaswom
Commissioner was directed to refix the monthly rent/licence
fee of the rooms in question with notice to the petitioners and
after affording them an opportunity of being heard, within a
period of two months from the date of receipt of a certified
copy of the judgment.
The respondents No.1 to 3 have filed this interlocutory
application seeking three months from 06.03.2023 for
complying with the directions in the judgment dated
13.10.2022 in the Writ Petition. The respondents have also
filed C.M.Appl.No.1 of 2023 seeking to condone the delay of
24 days in filing the petition for extension of time.
I.A.No.1 of 2023 & C.M.Appl.No.1 of 2023 in W.P.(C) No.7945 of 2022
Having heard the learned Standing Counsel for the
Travancore Devaswom Board and the learned counsel
appearing for the writ petitioners, these applications are
allowed. The delay of 24 days is condoned and the 2 nd
respondent is granted three more months from 06.03.2023 to
comply with the directions in the judgment dated 13.10.2022.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE dkr
13-04-2023 /True Copy/ Assistant Registrar
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