State Of Kerala Represented By ... vs Anoop Babu
2023 Latest Caselaw 10846 Ker

                 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
         Thursday, the 19th day of October 2023 / 27th Aswina, 1945
                             WA NO. 1768 OF 2023

    AGAINST JUDGMENT DATED 13/06/2023 IN WP(C) 19240/2021 OF THIS COURT

APPELLANTS/RESPONDENTS 1 & 2 IN WP(C):

  1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE
     DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM -
     695001.
  2. THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, FORT
     KOCHI - 682001.

BY GOVERNMENT PLEADER

ADDITIONAL ADVOCATE GENERAL SRI. K.P.JAYACHANDRAN

RESPONDENT/PETITIONER IN WP(C):

     ANOOP BABU, MALAYIL HOUSE, PONNETH TEMPLE ROAD, CHILAVANNOOR,
     KADAVANTHARA, ERNAKULAM - 682020. REPRESENTED BY POWER OF ATTORNEY
     HOLDER, JOSEPH FRANCIS STERNAL RODRIGUES, S/O. ANTONY RODRIGUES,
     OLGA VILLA, PRASANTHI NAGAR, EDAPALLY, KOCHI - 682024.

BY ADV.SRI.K.T.THOMAS (B/O)

     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 13.06.2023 in WP(C)
No.19240/2021 and all further proceedings pursuant thereto, pending
disposal of the Writ Appeal.
     This Writ Appeal coming on for admission on 19/10/2023 upon perusing
the appeal memorandum, the Court on the same day passed the following:

                                                                      P.T.O.
 W.A.No.1768 of 2023                    1




                               A. J. Desai, C.J.
                                         &
                                V.G. Arun, J.
                 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                            W.A.No.1768 of 2023
                   ---------------------------------------------
                 Dated this the 19th day of October 2023


                                  ORDER

A.J. Desai, C.J.

Admit. Adv.K.T.Thomas takes notice for the respondent.

2. We heard the learned Government Pleader and the learned

Counsel for the respondent.

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

dated 13/06/2023 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 dpk

19-10-2023 /True Copy/ Assistant Registrar