Jacob vs Earnestine Antony Miranda
2024 Latest Caselaw 32078 Ker

Kerala High Court

Jacob vs Earnestine Antony Miranda on 7 November, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
                                     &
                     THE HONOURABLE MR. JUSTICE S.MANU
        Thursday, the 7th day of November 2024 / 16th Karthika, 1946
                  CM.APPL.NO.1/2024 IN WA NO. 1638 OF 2024
    AGAINST JUDGMENT DATED 05.02.2024 IN WP(C) 24588/2019 OF THIS COURT
APPLICANT/APPELLANT:

     JACOB; AGED 60 YEARS; S/O PIOUS MIRANDA; RESIDING AT: VARUVILLA
     VEEDU, MUDIAKOTTU, CHERUNNIYOOR, VARKALA, THIRUVANANTHPURAM - 695142

RESPONDENTS/PETITIONER AND RESPONDENT 1 TO 5:

  1. EARNESTINE ANTONY MIRANDA; AGED 82 YEARS; RESIDING AT: THAIVILAKAM
     BUNGLOW, MOONGOED P.O., THIRUVANANTHAPURAM - 695144
  2. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE,
     SECRETARIAT, THIRUVANANTHAPURAM - 695001
  3. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM; OFFICE AT:
     KUDAPPANAKUKUNNU THIRUVANANTHAPURAM, - 695001
  4. THE REVENUE DIVISIONAL OFFICER ,THIRUVANANTHAPURAM;OFFICE AT:
     KUDAPPANAKUKUNNU THIRUVANANTHAPURAM- 695001
  5. THE TAHSILDAR, VARKALA;OFFICE AT: TALUK OFFICE, COURT ROAD, VARKALA,
     THIRUVANANTHAPURAM - 695142
  6. THE VILLAGE OFFICER, CHERUNNIYOOR VILLAGE; OFFICE AT: VILLAGE OFFICE
     CHERUNNIYOOR, VARKALA, THIRUVANANTHAPURAM- 695142

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to condone the delay
of 210 days occasioned in filing the present Writ appeal, in the interest
of justice.
     This Application again coming on for orders on 7/11/2024 upon
perusing the application and the affidavit filed in support thereof and
this court's order dated 23/10/2024, and upon hearing the arguments of
M/S. R.RAJESH (VARKALA), M.KIRANLAL, T.S.SARATH, MANU RAMACHANDRAN, SAMEER
M NAIR and SAILAKSHMI MENON, Advocates for the applicants and of
M/S.VARGHESE C.KURIAKOSE, AMRITHA.J, KURUVILLA MATHEW and VIPIN C.
VARGHESE Advocates for R1 and of GOVERNMENT PLEADER for R2 to R6, the
court on the same day passed the following:
                                 NITIN JAMDAR, C.J.
                                            &
                                      S.MANU, J.
                          =========================
                            C.M.Application No.1 of 2024
                                           in
                                W.A No.1638 of 2024
                          =========================
                       Dated this the 7th day of November, 2024

                                         ORDER

NITIN JAMDAR, C.J.

This is an application to condone the delay of 210 days in filing the appeal.

2. Time was sought by the learned counsel for Respondent No.1 to file a counter affidavit, however, it is not filed.

3. Heard Mr.R.Rajesh, learned counsel for the Appellant and Mr.Varghese C. Kuriakose, learned counsel for Respondent No.1.

4. Perused the affidavit filed in support of the application. Sufficient cause is made out. Delay is condoned and the application is allowed.

5. Post on 20 November 2024.

Sd/-

NITIN JAMDAR CHIEF JUSTICE

sSd/-

S.MANU JUDGE rp

07-11-2024 /True Copy/ Assistant Registrar