Kundilepeedikayil Pannen Abdul ... vs State Of Kerala
2023 Latest Caselaw 1839 Ker

OP(C) NO. 260 OF 2023                1

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
    WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                         OP(C) NO. 260 OF 2023
   IA 96/2011 IN AA 76/2011 OF APPELLATE AUTHORITY (LR), KANNUR


PETITIONER/S:

          KUNDILEPEEDIKAYIL PANNEN ABDUL HAKKIM
          AGED 70 YEARS
          S/O ABDULLA,
          KALLIASSERY AMSOM ,
          KANNAPURAM DESOM,
          CHERUKUNNU (P.O.)
          KANNUR (DT), PIN - 670301
          BY ADVS.
          CIBI THOMAS
          ANSIA K.A.


RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY CHIEF SECRETARY,
          SECRETARIAT
          THIRUVANANTHAPURAM, PIN - 695001
    2     K.C. RAMANI,
          AGED 68 YEARS
          D/O LATE MADHAVI K.C.,
          'ANJALI' PUZHATHI P.O. CHIRAKKAL
          KANNUR(DT), PIN - 670111


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 260 OF 2023            2

                           JUDGMENT

The original petition is filed to direct the Appellate

Authority (LR), Kannur, to issue the certified copy of the

order dated 20.01.2023 passed in I.A. No.96/2011 in A.A.

No.76/2011 within a time frame.

2. The concise case of the petitioner in the original

petition is that, he was the 2nd respondent in

A.S.No.76/2011 pending before the Appellate Authority

(LR), Kannur. The appeal was filed by the respondent with

an inordinate delay of 36 years. Even though the

petitioner objected to the delay petition, the same has

been allowed by the Appellate Authority. The petitioner

proposes to challenge the said order. Even though he has

made an application for obtaining the certified copy of the

order in I.A. No.96/2011, the same has not been issued. If

this Court does not direct the Appellate Authority, it will

cause prejudice and hardship to the petitioner. Hence, the

original petition.

3. Heard, Sri.Cibi Thomas, the learned counsel

appearing for the petitioner. In view of the limited relief

that I propose to pass, I dispense with notice to the

respondents.

4. On a consideration of the pleadings and materials

on record and taking note of the fact that the petitioner

has already submitted C.A.No.18/2023 before the

Appellate Authority, to obtain the certified copy of the

order in I.A. No.96/2011 in A.A.No.76/2011, I am of the

view that the original petition is to be allowed.

In the result, in exercise of the supervisory powers of

this Court under Article 227 of the Constitution of India, I

allow the original petition as follows:-

(i) The Appellate Authority (LR), Kannur, is directed to issue the certified copy of the order dated 20.1.2023 in I.A. No.96/2011 in A.A. No.76/2011, in accordance with law, if the application is in order, as expeditiously as possible, at any rate within a period of two weeks from the date of receipt of a certified copy of this judgment.

(ii) The Appellate Authority (LR), Kannur, is directed to defer further proceedings in A.A.No.76/2011 for a period of four weeks from today.

Sd/-

C.S.DIAS, JUDGE okb/1.2.23 //True copy// P.S. to Judge

APPENDIX OF OP(C) 260/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPEAL MEMORANDUM DATED 18.07.2011 IN AA.NO. 76/2011 BEFORE THE APPELLATE AUTHORITY (LR) KANNUR Exhibit P2 TRUE COPY THE AFFIDAVIT FILED IN SUPPORT OF IA.NO. 96/2011.

Exhibit P3 TRUE COPY OF THE COUNTER DATED 29.01.2013 FILED BY THE PETITIONER IN IA.NO. 96/2011 Exhibit P4 TRUE COPY OF THE ADDITIONAL AFFIDAVIT FILED BY THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF THE ADDITIONAL COUNTER STATEMENT DATED 20.01.2015 FILED BY THE PETITIONER