Citation : 2023 Latest Caselaw 4891 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
WA NO. 409 OF 2023
AGAINST THE JUDGMENT DATED 03.02.2023 IN WP(C) 11705/2022 OF THIS COURT
APPELLANTS/RESPONDENTS NO.10 TO 12::
1. FR. ANI JOHN , S/O LATE VJ KURIAKOSE (WRONGLY SHOWN AS FR ANIL
JOHN, S/O LATE JOHN IN THE WRIT PETITION), AGED 33 YEARS, VAINNILATHIL
HOUSE (WRONGLY SHOWN AS VANNILAM HOUSE IN THE WRIT PETITION)
MANNAMANGALAM PO, THRISSUR - 680014
AND 2 OTHERS
BY SENIOR ADVOCATE SRI.K.RAMAKUMAR AND ADVS.M/S. SAJAN VARGHEESE K.,
LIJU. M.P AND JOPHY POTHEN KANDANKARY
RESPONDENTS/PETITIONERS & RESPONDENTS NO.1 TO 9:
1. ST.MARY'S ORTHODOX SYRIAN CHURCH ERICKINCHIRA,
(ERICKINCHIRA CHURCH),KORENCHIRA POST, KIZAKKENCHERRY-I VILLAGE,
ALATHUR TALUK, PALAKKAD DISTRICT,678684 REPRESENTED BY ITS
VICAR FR.MATHAI THOZHUTHUNGAL.
AND 11 OTHERS.
BY SENIOR ADVOCATE SRI.S.SREEKUMAR FOR
R1 TO R3,
ADV.SRI.ROSHEN D. ALEXANDER FOR R1 & R3 AND ADV.SRI.ALAN PAPALI
FOR R2
ADDL. ADVOCATE GENERAL SRI.ASOK M.CHERIAN AND GOVERNMENT PLEADER
SRI.T.S.SHYAM PRASANTH FOR R4 TO R12
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 the judgment dated 03.02.2023 passed in
WP(C)No.11705/2022 on the file of this Honourable Court, pending disposal
of this writ appeal.
This Writ Appeal again coming on for orders along with connected
cases on 13.04.2023 upon perusing the Appeal Memorandum and this court's
order dated 23.02.2023, the court on the same day passed the following:
P.T.O
1
W.A.No.409 of 2023 and conn.cases
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
--------------------------------------------------------------
Un numbered W.A.of 2023(F.No.453 of 2023) in
W.P.(C) No.11685 of 2022, W.A.No.409 of 2023 in
W.P.(C) No.11705 of 2022, W.A.No.437 of 2023 in
W.P.(C) No.11685 of 2022 & W.A.No.378 of 2023 in
W.P.(C) No.11996 of 2022
-------------------------------------------------------------
Dated this the 13th day of April, 2023
ORDER
Anil K. Narendran, J.
W.A.No.409 of 2023 in W.P.(C) No.11705 of 2022, W.A.No.437 of 2023 in W.P.(C) No.11685 of 2022 & W.A.No.378 of 2023 in W.P.(C) No.11996 of 2022
Writ Appeal Nos.409 of 2023 and 437 of 2023 were heard
and reserved for judgment on 23.02.2023 and Writ Appeal
No.378 of 2023 were heard and reserved for judgment on
01.03.2023. All matters are listed today, in view of the filing of
an unnumbered Writ Appeal with leave petition on 08.03.2023,
against the judgment dated 03.02.2023 in W.P.(C) No.11685 of
2022, which is the subject matter of challenge in Writ Appeal
No.437 of 2023.
2. It is submitted by the learned counsel on both sides
that, in view of the pendency of unnumbered Writ Appeal
(F.No.453 of 2023) with leave petition, the order dated
23.02.2023 in Writ Appeal Nos. 409 of 2023 and 437 of 2023
and order dated 01.03.2023 in Writ Appeal No.378 of 2023
W.A.No.409 of 2023 and conn.cases
reserving the matters for judgment may be recalled and the
above appeals may be heard along with the Writ Appeal filed
with leave petition.
3. Based on the aforesaid submission made by the
learned counsel on both sides, the order dated 23.02.2023 in
Writ Appeal Nos. 409 of 2023 and 437 of 2023 and order dated
01.03.2023 in Writ Appeal No.378 of 2023 reserving those
appeals for judgment is recalled.
4. Registry to list the above writ appeals along with the
unnumbered Writ Appeal (F.No.453 of 2023) with leave
petition, on 05.06.2023.
5. The learned counsel on both sides would submit
that, during the pendency of the above Writ Appeals, the
learned Single Judge has passed an order whereby the time
limit granted in the respective judgments stands extended by
two months from 08.02.2023.
The said submission is recorded.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
PV
13-04-2023 /True Copy/ Assistant Registrar
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