Akkalath Ayubkhan vs State Of Kerala
2023 Latest Caselaw 13228 Ker

Kerala High Court

Akkalath Ayubkhan vs State Of Kerala on 15 December, 2023

WP(C) No.39070/2023                     1/3                        Order Date : 15-12-2023

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
           Friday, the 15th day of December 2023 / 24th Agrahayana, 1945
                              WP(C) NO. 39070 OF 2023
   PETITIONER:

          AKKALATH AYUBKHAN, AGED 53 YEARS, S/O ABBAS, PEARL CASTLE,
          PARAKKADAVU ANJAMPEEDIKA P.O, KANNUR, PIN-670331

   RESPONDENTS:

      1. STATE OF KERALA,REP BY SECRETARY & AGRICULTURAL PRODUCTION
         COMMISSIONER DEPARTMENT OF AGRICULTURE, SECRETARIAT,
         THIRUVANANTHAPURAM, PIN-695001
      2. DISTRICT COLLECTOR, COLLECTORATE ROAD, KANNUR, KERALA, PIN-670002
      3. VILLAGE OFFICER, VELLUR VILLAGE, KANNUR, PIN-670307
      4. AGRICULTURAL OFFICER, KRISHI BHAVAN, PAYYANUR, PIN-670307
      5. REVENUE DIVISIONAL OFFICER, REVENUE TOWER COURT ROAD, TALIPARAMBA,
         KANNUR, PIN-670141


        Writ Petition (Civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to stay all further proceedings pursuant to Ext.P4, pending the
   consideration of the writ petition, in the interest of justice.


        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   SRI. L.RAJESH NARAYAN, Advocate for the petitioner, the court passed the
   following:
 WP(C) No.39070/2023                          2/3                        Order Date : 15-12-2023




                                   VIJU ABRAHAM , J.
                        ===========================
                               WP(C) No. 39070 of 2023
                       ============================
                       Dated this the 15th day of December, 2023

                                            ORDER

Admit.

2. The learned Government Pleader takes notice for all the

respondents.

3. Petitioner challenges the demand in Ext P4 essentially

relying on the judgment of this Court in Moushmi Ann Jacob v. State

of Kerala [2023 (5) KHC 337] the operation of which has been stayed

by the Apex Court in SLP Nos.25736-25737 of 2023. Petitioner would

submit that he is ready to remit the amount demanded as per Ext P4

subject to the final decision of the SLPs pending before the Apex Court.

4. Petitioner will be free to make payment as demanded in Ext

P4, and amount is paid as directed in Ext P4, application in Form 6

submitted by the petitioner shall be duly considered in accordance with

law within an outer limit of one month from the date of receipt of this

order. It is made clear that the payment made pursuant to Ext P4 shall

be subject to the final disposal of the writ petition.

Sd/-

VIJU ABRAHAM JUDGE

sbk-

WP(C) No.39070/2023 3/3 Order Date : 15-12-2023

APPENDIX OF WP(C) 39070/2023 Exhibit P4 TRUE COPY OF THE PROCEEDINGS DATED 31.10.2023 NO.4638/2023 OF THE 5TH RESPONDENT