Kerala High Court
State Of Kerala vs V.G.Jose on 15 December, 2023
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
Friday, the 15th day of December 2023 / 24th Agrahayana, 1945
WA NO. 2084 OF 2023
AGAINST JUDGMENT DATED 02/11/2O22 IN WP(C) 9599/2022 OF THIS COURT
APPELLANTS/RESPONDENTS IN WPC:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
2. LAND REVENUE COMMISSIONER, PUBLIC OFFICE BUILDING, MUSEUM,
THIRUVANANTHAPURAM, PIN - 695033.
3. DISTRICT COLLECTOR, CIVIL STATION, PATHANAMTHITTA., PIN - 689645.
4. REVENUE DIVISIONAL OFFICER (RDO), REVENUE DIVISIONAL OFFICE, ADOOR.,
PIN - 691523.
5. TAHSILDAR (LR), TALUK OFFICE, ADOOR, PATHANAMTHITTA DISTRICT., PIN -
691523.
6. VILLAGE OFFICER, VILLAGE OFFICE, ADOOR, PATHANAMTHITTA DISTRICT.,
PIN - 691523.
7. AGRICULTURAL OFFICER, KRISHI BHAVAN, ADDOR, PATHANAMTHITTA
DISTRICT., PIN - 691523.
BY GOVERNMENT PLEADER,SRI.K.P.JAYACHANDRAN(ADDITIONAL ADVOCATE GENERAL)
RESPONDENT/PETITIONER IN WPC:
V.G.JOSE, S/O.M.V GEORGE, MURUPPEL, KANNAMKODU, ADOOR P.O.,
PATHANAMTHITTA., PIN - 691523.
BY ADVS.M/S.JACOB P. ALEX,JOSEPH P.ALEX,MANU SANKAR P. AND AMAL AMIR ALI
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 02.11.2022 in WP(C)
No.9599/2022 and all further proceedings pursuant thereto, pending
disposal of the Writ Appeal.
This Writ Appeal coming on for admission along with connected case
on 15/12/2023 upon perusing the appeal memorandum, the court on the same
day passed the following:
A.J.DESAI, C.J.
&
V.G.ARUN, J.
=========================
W.A. Nos. 2084 & 2089 of 2023
=========================
Dated this the 15th day of December, 2023
ORDER
A.J.DESAI, C.J.
Admit. Adv. Jacob P.Alex takes notice for the respondents.
2. We heard the learned Government Pleader and the learned
Counsel for the respondents.
3. We have gone through the judgment of the learned Single
Judge by which the learned Single Judge, relying upon the decision
of this Court, which is subject matter of challenge before the Apex
Court in SLP No.31298/2023, allowed the writ petition.
4. Learned Government Pleader placed before us a copy of the
order dated 21/08/2023 passed by the Hon'ble Apex Court to
submit that, operation of the judgments similar to the Hon'ble Apex
Court's judgment one relied on by the learned Single Judge, is
stayed.
In view of the above fact, the appeal is hereby admitted. There
will be a stay against implementation and execution of the judgment
W.A. Nos. 2084 & 2089 of 2023
dated 02/11/2022 passed by the learned Single Judge in the captioned
writ petition. It would be open for either party to file application for
early hearing after disposal of the aforementioned SLP.
Sd/-
A.J.DESAI
CHIEF JUSTICE
Sd/-
V.G.ARUN
JUDGE
uu
15-12-2023 /True Copy/ Assistant Registrar
