Kerala High Court
Joy Cp vs Special Tahsildar on 11 October, 2021
Author: Anil K. Narendran
Bench: Anil K.Narendran, K. Babu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE K. BABU
Monday, the 11th day of October 2021 / 19th Aswina, 1943
CM.APPL.NO.1/2021 in C.O.08/2021 IN LA.APP. NO. 308 OF 2018
LAR 8/2011 OF ADDITIONAL SUB COURT, PALAKKAD.
APPLICANT/CROSS OBJECTOR/1ST RESPONDENT/1ST RESPONDENT IN LAR:
THE SPECIAL TAHSILDAR FOR LAND ACQUISITION (G) NO.1, PALAKKAD
678001.
RESPONDENTS/RESPONDENTS/APPELLANTS AND 2ND RESPONDENT/CLAIMANT AND 2ND
RESPONDENT IN LAR:
1. JOY C.P S/O.PORINCHU C.K, CHOONDIL HOUSE, PRIYADARSANI NAGAR,
PUTHUR, PALAKKAD PIN 678001.
2. LIJI JOY W/O. JOY. C.P.,CHOONDIL HOUSE, PRIYADARSANI NAGAR, PUTHUR,
PALAKKAD PIN 678001..
3. THE MANAGING DIRECTOR, ROADS AND BRIDGES DEVELOPMENT CORPORATION OF
KERALA LIMITED,2ND FLOOR, PREETHI BUILDING, M.V. ROAD, PALARIVATTOM
POST-682 025.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to codone the delay of
743 days in filing the appeal in the interest of justice.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of GOVERNMENT PLAEDER for petitoner(R1 in LAA) M/s.SAJAN VARGHEESE
K.,SRI.LIJU. M.P, Advocates for R1 and R2 the (Appellants in LAA) and of
SRI.SHYSON P.MANGUZHA Advocates for the respondent No.3(R2 in LAA)), the
court passed the following:
P.T.O.
ANIL K. NARENDRAN & K. BABU, JJ.
---------------------------------------------------------------
C.M. Application No.1 of 2021
in
Cross Objection No.8 of 2021
in
L.A.A. No.308 of 2018
----------------------------------------------------------------
Dated this the 11th day of October, 2021
ORDER
Anil K. Narendran, J.
C.M. Application No.1 of 2021
This is an application filed by the State, the cross objector, seeking an order to condone the delay of 743 days in filing this cross objection.
The respondents 1 and 2/claimants have filed counter affidavit. The cross objector filed an additional affidavit explaining the facts and circumstances, which was followed by an additional counter affidavit filed by respondents 1 and 2/claimants.
Having considered the averments in the affidavit filed in support of this C.M. Application, that contained in the additional affidavit filed in support of this C. M. Application, counter affidavit and additional counter affidavit filed by respondent and taking note of the fact that the appeal filed C.M. Application No.1 of 2021 in Cross Objection No.8 of 2021 in L.A.A. No.308 of 2018 2 by the claimants, has already been admitted, after condoning the delay, this Court deem it appropriate to take a lenient view and allow this C.M. Application, by condoning the delay of 743 days in filing this cross objection on payment of a cost of Rs.1000/- (Rupees thousand only) payable to the respondents, within a period of two weeks.
Sd/-
ANIL K. NARENDRAN, Judge Sd/-
K. BABU, Judge MIN 11-10-2021 /True Copy/ Assistant Registrar