Court reviewed its own judgment to extend a stay granted in an immigration appeal until the appellate authority passes orders on the interim stay petition, despite the expiration of the initial stay period.
Stay granted in the main writ petition extended until orders are passed in the stay petition by the appellate authority.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.SIRI JAGAN
THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932
RP.No. 868 of 2010(G)
--------------------AGAINST THE JUDGEMENT/ORDER IN WPC.23262/2010 Dated 26/07/2010 ....................
REVIEW PETITIONER(S): PETITIONER IN WPC
M/S.ALTIMA TOURS AND TRAVELS PRIVATE LTD., CORPORATION BUILDING, M.G.ROAD, THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS MANAGING DIRECTOR, PEER MOHAMMED.
BY ADV. SRI.D.KISHORE
RESPONDENT(S): RESPONDENTS IN W.P.(C)
ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1-2
SRI.T.P.M.IBRAHIMKHAN, ASST.S.G. FOR R1
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 14/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
S. SIRI JAGAN, J.
R.P.NO.868 OF 2010 IN W.P.(C) No.23262 OF 2010
Dated this the 14th day of October, 2010
ORDER
The petitioner seeks review of my judgment dated 26.7.2010 in the writ petition. In the judgment, I permitted the petitioner to file an appeal and stay petition against the impugned order and directed that implementation of the impugned order shall be kept in abeyance for 45 days to enable the petitioner to move the stay petition and get interim orders.
Court, the petitioner has filed an appeal and stay petition. But, no orders have been passed in the stay petition and in the meanwhile, the stay granted by this Court has already expired.
is no practice of posting the stay petition and passing orders. They seek four weeks' time to pass orders.
appeal, the concerned respondent has a duty to pass orders on
R.P.No.868/10 in W.P.(c)No.23262/10 2
the stay petition also expeditiously. The same having not been done, I am inclined to review the judgment and to extend the stay until orders are passed in the stay petition. Accordingly, the judgment is reviewed to that extent and I extend the stay granted as per the judgment until orders are passed in the stay petition.
The review petition is disposed of as above.
S. SIRI JAGAN, JUDGE
acd
R.P.No.868/10 in W.P.(c)No.23262/10 3
1 issue framed by the court
Whether to extend the stay grant in an immigration appeal filed in compliance with a stay order after the original stay period expired due to inaction by the appellate authority.
M/S. ALTIMA TOURS AND TRAVELS PRIVATE LTD.
UNION OF INDIA
PROTECTOR GENERAL OF EMIGRANTS REGISTERING AUTHORITY
S. SIRI JAGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
