Joseph Varghese vs Changanacherry Municipality
2023 Latest Caselaw 1183 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT
                    THE HONOURABLE MR.JUSTICE N.NAGARESH
         Wednesday, the 18th day of January 2023 / 28th Pousha, 1944
                 IA.NO.1/2023 IN WP(C) NO. 16909 OF 2022(K)
PETITIONERS/RESPONDENTS 1 & 2:

  1. CHANGANACHERRY MUNICIPALITY, MUNICIPAL OFFICE, CHANGANACHERRY - 686
     101, REPRESENTED BY ITS SECRETARY.
  2. THE SECRETARY, CHANGANACHERRY MUNICIPALITY, MUNICIPAL OFFICE,
     CHANGANACHERRY 686 101 .

RESPONDENT/PETITIONER:

  1. JOSEPH VARGHESE, PUTHENPURA HOUSE, KIDANGARA P.O., KUTTANAD TALUK,
     ALAPPUZHA DISTRICT 686 102.
  2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT
     DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001.

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to extend the time by
a period of 3 months for the payment of the balance amount to the
petitioner.
     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of SRI. PAUL JACOB, STANDING COUNSEL for the petitioners in IA/respondents
1 & 2 in WP(C) and of SRI.SANIL JOSE, ANTONY BINU K.P., Advocates for
respondent 1 in IA/petitioner in WP(C), the court passed the following:-




    P.T.O.
                          N.NAGARESH, J.
               ------------------------------------------------
                         I.A No.01 of 2023
                                    in
                    W.P.(C) No.16909 of 2022
             -------------------------------------------------
           Dated this the 18th day of January, 2023


                               ORDER

This is an application for enlargement of time to comply

with the directions contained in the judgment, by a period of

three months. The difficulty projected by the petitioners in the

I.A is that the Municipality is facing acute fund crunch and

unless three months time is granted, the Municipality will not be

able to make the payment.

2. Though I am not totally satisfied with the reasons

given, taking into consideration the averments made in the

affidavit, the petitioners in the I.A are granted three months'

time on the following conditions;

The petitioners in the I.A shall pay 50% of the amount

outstanding to the 1st respondent within a period of six weeks. I.A No.01 of 2023 in W.P.(C) No.16909 of 2022

The balance 50% shall be paid within a further period of six

weeks.

Sd/-

N.NAGARESH JUDGE JJ

18-01-2023 /True Copy/ Assistant Registrar