Citation : 2023 Latest Caselaw 6424 Ker
Judgement Date : 13 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.V.N.BHATTI
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
Tuesday, the 13th day of June 2023 / 23rd Jyaishta, 1945
IA.NO.1/2023 IN WA NO. 575 OF 2023 (FILING NO.)
AGAINST JUDGMENT DATED 27/05/2020 IN WP(C) 5897/2020 OF THIS COURT
---
PETITIONER/APPELLANT:
P.M. SIVARAMAN,S/O. MADHAVAN, AGED 61 YEARS, PUNNAKKAL
HOUSE,KALATHUKADAVU PO, ERATTUPETTA VILLAGE, MEENACHIL TALUK,
KOTTAYAM DISTRICT - 686579.
RESPONDENTS/RESPONDENTS:
1. TOMY THOMAS, AGED 54 YEARS, S/O THOMAS, PULICKAL HOUSE,
KALATHUKADAVU PO , ERATTUPETTA, KOTTAYAM - 686579.
2. THE THALAPPALAM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY,
OFFICE OF THE THALAPPALAM GRAMA PANCHAYAT, PLASANAL PO, KOTTAYAM -
686579.
3. THE SECRETARY, THALAPPALAM GRAMA PANCHAYAT, PLASANAL PO, KOTTAYAM
- 686579.
4. THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA,
KERALA), REPRESENTED BY ITS MEMBER SECRETARY, K.S.R.T.C BUS TERMINAL
COMPLEX, 4TH FLOOR, THAMPANOOR, THIRUVANANTHAPURAM - 695001.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to pass an order to
permit/grant leave to the petitioner to prefer an appeal against the
judgment dated 27/05/2020 in W.P(C) No.5897 of 2020 of the learned single
judge, to meet the ends of justice.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S. P.C.HARIDAS & P.S.GOVIND, Advocates for the petitioner and of SRI.
JOBI JOSE KONDODY, Advocate for the respondent 1, the court passed the
following:
P.T.O.
S. V. N. Bhatti, C.J.
&
Basant Balaji, J.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
I.A.No.1 of 2023
in
W.A.(F)No.575 of 2023
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
Dated this the 13th day of June, 2023
ORDER
S. V. N. Bhatti, C.J.
The application filed seeking leave of the court to file appeal
against the judgment dated 27.05.2020 is not considered and
accepted. Hence rejected. However, we make it clear that the leave
to file an appeal against the judgment dated 27.05.2020 alone is
considered by us. In other words, P.M. Sivaraman/petitioner herein
is given liberty to work out all the prayers available against any of
the decisions taken by the competent authorities before proper
forum.
Sd/-
S. V. N. Bhatti Chief Justice
Sd/-
Basant Balaji Judge vpv
13-06-2023 /True Copy/ Assistant Registrar
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