Kerala High Court
Paily P.M vs The District Collector on 21 November, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
Thursday, the 21st day of November 2024 / 30th Karthika, 1946
MJC NO. 159 OF 2024 (I)
WP(C) 28682/2018 OF HIGH COURT OF KERALA, ERNAKULAM
APPLICANTS/PETITIONERS:
1. PAILY P.M., AGED 59 YEARS, PEDIKKATTUKUNNEL HOUSE, PERUMANNOOR P.O,
PERUMANNOOR, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686 693.
2. KURIAKOSE MATHAI, AGED 64 YEARS, CHERUMALAYIL HOUSE, PERUMANNOOR,
PERUMANNOOR, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686 693.
3. JOY K.K., AGED 65 YEARS, KURUNNAPPILLIYIL HOUSE, PERUMANNOOR,
PERUMANNOOR, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686 693.
RESPONDENTS/RESPONDENTS:
1. THE DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM, PIN - 682 030.
2. THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL
OFFICER, MUVATTUPUZHA, PIN - 686 661.
3. KERALA STATE POLLUTION CONTROL BOARD, OFFICE OF THE KERALA STATE
POLLUTION CONTROL BOARD, THIRUVANANTHAPURAM, REPRESENTED BY ITS
MEMBER SECRETARY, PIN - 695 001.
4. THE DISTRICT ENVIRONMENTAL ENGINEER, OFFICE OF THE DISTRICT
ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD,
(ERNAKULAM -II), FIRST FLOOR, MANNA RESIDENCY M.C. ROAD,
PERUMBAVOOR, PIN - 684 542.
5. KEERAMPARA GRAMA PANCHAYAT AT OFFICE OF THE KEERAMPARA PANCHAYAT,
KEERAMPARA P.O., REPRESENTED BY ITS SECRETARY, PIN - 686 681.
6. THE SECRETARY, KEERAMPARA GRAMA PAHCHAYAT, OFFICE OF THE KEERAMPARA
PACHAYAT, KEERAMPARA P.O, PIN - 686 681.
7. THE DISTRICT MEDICAL OFFICER, OFFICE OF THE DISTRICT MEDICAL OFFICE
(HEALTH), ERNAKULAM, PIN - 682 011.
8. CIRCLE INSPECTOR OF POLICE, OFFICE OF THE CIRCLE INSPECTOR OF THE
POLICE, KOTHAMANGALAM, PIN - 686 691.
9. A.C.JOSE, APPANCHIRA HOUSE, PERUMANNOOR P.O., PERUMANNOOR,
KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686 693.
Miscellaneous Jurisdiction Case praying inter alia that in the
circumstances stated in the affidavit filed along with the MJC the High
Court be pleased to set aside the judgement dated 14.06.2024 in WP(C)
28682/2018 and restore the above case file and give a posting for deciding
it on merit.
This MJC coming on for orders upon perusing the MJC and the
affidavit filed in support thereof, and this Court's judgment dated
14.06.2024 in WP(C) No.28682/2018, and upon hearing the arguments of
SRI.SHINDO VARGHESE, Advocate for the applicants in MJC/petitioners in
WP(C), the court passed the following:
EASWARAN S., J.
------------------------------------------------------
MJC No. 159 of 2024
in
W.P.(C)No.28682 of 2018
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Dated this the 21st day of November, 2024
ORDER
This is an application for restoration of the writ
petition. The writ petition was dismissed for default
finding that there is no representation for the petitioners
from 08.04.2024 till 14.06.2024. The affidavit in support
of the MJC is sworn to by the advocate clerk attached to
the office of the counsel. According to the affidavit, the
advocate clerk has sworn to by stating that though he
verified the advocate cause list on 14.06.2024 the above
writ petition was not seen listed.
2. However, it is noticed that in the main cause
list, the name of the advocate was properly noted by the
Registry. Further perusal of the affidavit shows that
there is no reason stated as to why the case was not
represented on 08.04.2024, 09.04.2024 and 23.05.2024.
The affidavit is not only thoroughly unsatisfactory but
also contumacious, especially since the entire blame is
in -2-
attributed towards the Registry, this Court feels that the
interest of the petitioner should not suffer and thus deems
it appropriate to condone the delay and restore the writ
petition to file.
Sd/-
EASWARAN S.
JUDGE
vv
21-11-2024 /True Copy/ Assistant Registrar
