State Of Kerala vs Scaria Mathew
2024 Latest Caselaw 29249 Ker

Kerala High Court

State Of Kerala vs Scaria Mathew on 10 October, 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 10th day of October 2024 / 18th Aswina, 1946
                  CM.APPL.NO.1/2018 IN WA NO. 1309 OF 2018
      AGAINST JUDGMENT DATED 31/07/2017 IN WPC 1249/2014 OF THIS COURT
APPLICANTS/APPELLANTS/RESPONDENTS:

  1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, PUBLIC
     WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695
     001.
  2. THE SUPERINTENDING ENGINEER, KERALA STATE TRANSPORT PROJECT
     ,THIRUVANANTHAPURAM-695 001.
  3. THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT ,ROADS SUB
     DIVISION, KOTTAYAM-688001.
  4. THE SPECIAL TAHSILDAR (LAND ACQUISITION) NATIONAL, HIGHWAY,
     CHANGANASSERY,KOTTAYAM DISTRICT-686 101.

RESPONDENTS/RESPONDENTS/PETITIONERS:

  1. SCARIA MATHEW ,S/O.MATHEW, MATHICHIPARAMBIL HOUSE, KURISUMMOODU
     P.O., CHANGANASSERY, KOTTAYAM DISTRICT
  2. FRANCIS JOHN ,S/O.JOHN, CHAZHOO HOUSE, PANTHEERANKAVU P.O.,KOZHIKODE
     DISTRICT, REPRESENTED BY HIS POWER ATTORNEY HOLDER,MATHEW GREGARY,
     MEDAYIL HOUSE, LAIKKADU, CHANGANASSERY, KOTTAYAM DISTRICT

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to condone the delay
of 293 days in filing the Writ Appeal.
     This Application coming on for orders on 10/10/2024, upon perusing
the application and the affidavit filed in support thereof, and upon
hearing the arguments of SENIOR GOVERNMENT PLEADER SRI.V.TEKCHAND, for
the applicants, the court on the same day passed the following:
                        NITIN JAMDAR, C. J. & S. MANU, J.
                    ===================================
                          C. M. Application No. 1 of 2018
                                           in
                               W. A. No. 1309 of 2018
                    ===================================
                       Dated this the 10th day of October, 2024

                                     ORDER

Nitin Jamdar, C. J.

Heard Sri. V. Tekchand, learned Senior Government Pleader and learned counsel Sri. T. R. Harikumar.

2. Respondents are served. Sufficient cause is made out in the affidavit.

3. The delay of 293 days stands condoned. Application is allowed.

4. Place the appeal on Board on 30 October 2024.

Sd/-

NITIN JAMDAR CHIEF JUSTICE

Sd/-

S. MANU JUDGE

Eb

10-10-2024 /True Copy/ Assistant Registrar