Citation : 2023 Latest Caselaw 5428 Ker
Judgement Date : 28 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Friday, the 28th day of April 2023 / 8th Vaisakha, 1945
WA NO. 762 OF 2023
AGAINST JUDGMENT DATED 4.4.2023 IN WP(C) 5826/2023 OF THIS COURT
APPELLANT/PETITIONER:
B. MOHAMMED KUNHI, AGED 60 YEARS, S/O. ABBAS, BAVIKARA HOUSE, EYYALA
BENDICHAL, THEKKIL P.O., KASARAGOD DISTRICT., PIN - 671541.
BY ADV.SRI. BABU JOSEPH KURUVATHAZHA
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF PUBLIC WORKS, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
AND 7 OTHERS.
BY GOVERNMENT PLEADER FOR R1
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 and all further proceedings in pursuance to the
judgment of the Hon'ble Judge dated 4.4.2023 in W.P.(C) No.5826/2023, for
the ends of justice.
This Writ Appeal again coming on for orders on 28/04/2023 upon
perusing the appeal memorandum and this court's order dated 11/04/2023,
the court on the same day passed the following:
P.T.O.
BECHU KURIAN THOMAS
&
C.JAYACHANDRAN, JJ.
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W.A.No.762 of 2023
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
Dated this the 28th day of April, 2023
ORDER
Bechu Kurian Thomas, J.
When this writ appeal was admitted on 11.04.2023 based upon the
submission of the learned Government Pleader that the work has already
been awarded to the 3rd party who has commenced the work, this Court
directed coercive steps against the appellant be kept in abeyance and that
all other claims shall be considered at a later stage.
2. Today, the learned counsel for the appellant submitted that the
work has not yet started and that the submission of the learned
Government Pleader was incorrect.
The learned Government Pleader seeks time to get instructions.
Post on 02.05.2023.
Sd/-
BECHU KURIAN THOMAS, JUDGE
Sd/-
C.JAYACHANDRAN, JUDGE
RKM
28-04-2023 /True Copy/ Assistant Registrar
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