State Of Kerala vs Bency P.A
2024 Latest Caselaw 30465 Ker

Kerala High Court

State Of Kerala vs Bency P.A on 25 October, 2024

Author: Anil K. Narendran

Bench: Anil K.Narendran

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                     &
                 THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
          Friday, the 25th day of October 2024 / 3rd Karthika, 1946
                             WA NO. 1701 OF 2024
    AGAINST JUDGMENT DATED 21/12/2023 IN WP(C) 30471/2022 OF THIS COURT
APPELLANT(S)/1ST RESPONDENT IN W.P.(C):

     STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO THE
     GOVERNMENT OF KERALA, REVENUE (F) DEPARTMENT, GOVERNMENT
     SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

BY GOVERNMENT PLEADER

RESPONDENT(S)/PETITIONER AND 2ND & 3RD RESPONDENT IN W.P.(C):

  1. BENCY P.A, AGED 50 YEARS D/O. ABDUL KHADAR P.A., PRESENTLY WORKING
     AS L.D TYPIST IN THE HEAD OFFICE OF THE KERALA STATE WAKF BOARD
     RESIDING AT PALLATH HOUSE, MUNDOPADATH, PERUMBADANNA NORTH PARAVOOR
     P.0, ERNAKULAM DISTRICT, PIN - 683513
  2. KERALA STATE WAQF BOARD, V.I.P. ROAD, KALOOR, KOCHI, REPRESENTED BY
     ITS CHIEF EXECUTIVE OFFICER, PIN - 682017.
  3. THE CHIEF EXECUTIVE OFFICER, KERALA STATE WAQF BOARD, V.I.P. ROAD,
     KALOOR, KOCHI, PIN - 682017.

BY ADV.C.S.AJITH PRAKASH FOR R1

STANDING COUNSEL FOR R2 & R3

     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 and implementation of the judgment dated 21.12.2023
in WP(C) NO.30471/2022 pending disposal of the above Writ Appeal.
     This Writ Appeal coming on for admission on 25/10/2024, upon
perusing the appeal memorandum the court on the same day passed the
following:
        ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
        -----------------------------------------------------
                      W.A.No.1701 of 2024
       ------------------------------------------------------
           Dated this the 25th day of October, 2024

                             ORDER

Anil K. Narendran, J.

This is an application filed by the appellant seeking an

order to condone the delay of 232 days in filing the appeal.

2. The learned Senior Government Pleader would point

out that after condoning the delay, connected writ appeals have

been admitted and interim order of stay has also been granted.

3. Having considered the averments in the affidavit filed

in support of this application and also the submissions made at

the Bar, we find that the appellant has shown sufficient cause for

condoning the delay of 232 days in filing the appeal.

4. In the result, this application is allowed. Delay

condoned.

5. Admit.

6. Sri.C.S. Ajith Prakash, the learned counsel takes

notice for the 1st respondent and the learned Standing Counsel

for the State Wakf Board for respondents 2 and 3.

7. There will be an interim stay as prayed for, for a

period of four months.

List on 25.11.2024, along with W.A.Nos.1034 and 1040 of

2024.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE

AV/25/10

25-10-2024 /True Copy/ Assistant Registrar