Citation : 2023 Latest Caselaw 7101 Ker
Judgement Date : 23 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
Friday, the 23rd day of June 2023 / 2nd Ashadha, 1945
IA.NO.2/2023 IN WP(C) NO. 23871 OF 2022(H)
APPLICANTS/RESPONDENTS IN WP(C):
1. THE STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM P.O., PIN-695 001.
2. THE SUPERINTENDING ENGINEER, IRRIGATION DEPARTMENT, SOUTH CIRCLE,
THIRUVANANTHAPURAM -695 001.
3. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, THIRUVANANTHAPURAM -
695 001.
RESPONDENTS/PETITIONERS IN WP(C):
1. VISHNU, AGED 44 YEARS, S/O. K.REGHUNATHAN, LEYAM, TC 14/1502,
ARAPPURA LANE, KANNAMOOLA, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM
- 695 001.
2. KIRAN, AGED 50 YEARS, S/O. K.REGHUNATHAN, LEYAM, TC 14/1502,
ARAPPURA LANE, KANNAMOOLA, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-
695 001.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to extend the time
limit prescribed in the judgment dated 01.03.2023 in WP(C) No. 23871/2022
by a period of 6 months from 18.04.2023.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of GOVERNMENT PLEADER for applicants in IA/respondents in WP(C) and of
M/S. T.RAJASEKHARAN NAIR & AJITH KRISHNAN, Advocates for respondents in
IA/petitioners in WP(C), the court passed the following:
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.23871 of 2022
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Dated this the 23rd day of June, 2023
ORDER
C.M.Application No.1/2023
Not opposed. Allowed.
I.A.No.2/2023
This is an application to extend the time limit
prescribed in the judgment dated 01.03.2023 in W.P.(C).
No.23871/2022. The relevant portion of the judgment is
extracted hereunder:
"Considering the facts and circumstances and the law discussed above, I have no hesitation to hold that the petitioners are entitled to succeed in the writ petition. Therefore, the writ petition is allowed and the respondents are directed to pay the balance amount due to the petitioners as specified above at the earliest and at any rate within six weeks from the date of receipt of a copy of this judgment, failing which the respondents shall pay interest at the rate of 9% to the petitioners."
W.P.(C).No.23871/2022
The order itself is a working order. If the amount is
not paid, it will carry interest. In such circumstances, the
time need not be extended.
The application is dismissed.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
23-06-2023 /True Copy/ Assistant Registrar
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