The High Court of Kerala dismissed this writ appeal for non-prosecution. The appellant failed to comply with a court direction to publish notice of the likely affected persons in a newspaper, despite intimation to the appellants regarding their inability to proceed.
Dismissal of the appeal for non-prosecution due to failure to comply with the publication direction.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR &
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY, THE 4TH DAY OF SEPTEMBER 2012/13TH BHADRA 1934
WA.No. 974 of 2006 (C) IN W.P.(C) NO. 21214/2003
----------------------------------------------------------AGAINST THE JUDGMENT IN W.P.(C) NO. 21214/2003 DATED 21.02.2006
APPELLANT(S)/PETITIONERS 1 TO 4 & 6:
1. T.P. HAMSA, U.D. CLERK, ATHVANADU GRAMA PANCHAYATH, ATHAVANADU, MALAPPURAM DISTRICT NOW WORKING AS HEAD CLERK, MOORKANAD GRAMA PANCHAYAT, MALAPPURAM, VENGAD P.O.
2. GOPALAKRISHNAN. N., U.D. CLERK, THANUR GRAMA PANCHAYATH, THANUR, MALAPPURAM DIST. NOW WORKING AS HEAD CLERK, KALPAKAMCHERRY GRAMA PANCHAYAT, P.O. KALPAKAMCHERRY.
3. S. SHANMUGHA PRAKASH, U.D. CLERK, KOOTHILANGADI GRAMA PANCHAYATH MALAPPURAM DISTRICT, NOW WORKING AS HEAD CLERK ELAMKULAM GRAMA PANCHAYATH, MALAPPURAM.
4. P. PREMAN, U.D. CLERK, KUTTIPURAM GRAMA PANCHAYATH, MALAPPURAM DISTRICT NOW WORKING AS HEAD CLERK, PATTITHARA GRAMA PANCHAYATH, PALAKKAD DISTRICT.
5. K. MEENAKSHIKUTTY, U.D. CLERK, LAKKIDIPEROOR GRAMA PANCHAYATH NOW WORKING AS HEAD CLERK ALIPPARAMBU GRAMA PANCHAYATH, MALAPPURAM.
BY ADVS.SRI.C.A.CHACKO
SMT.C.M.CHARISMA SRI.N.A.SHAFEEK
DCS
WA.No. 974 of 2006 (C)
RESPONDENT(S):
1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM.
2. THE DIRECTOR OF PANCHAYATHS, THIRUVANANTHAPURAM.
3. THE DEPUTY DIRECTOR OF PANCHAYATHS, MALAPPURAM DISTRICT.
4. T.P. SARASWATHI, HEAD CLERK, PALLIKKAL GRAMA PANCHAYATH, MALAPPURAM (IMPLEADED AS PER ORDER DATED 13/8/2003 IN I.A. NO.10082/2003).
BY GOVERNMENT PLEADER SMT. GIRIJA GOPAL
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DCS
MANJULA CHELLUR (Ag.CJ) &
A.M.SHAFFIQUE, J.
= = = = = = = = = = = = = = = = Writ Appeal No.974 of 2006
= = = = = = = = = = = = = = = = = = = = = Dated this the 4th day of September, 2012
JUDGMENT
Manjula Chellur, Ag.CJ
Heard learned counsel for the appellant as well as the Special Government Pleader. On 07.06.2006, the appellant was directed to take steps for publication, as parties who might be affected were numerous. Later, I.A.No.865/2006 was filed and allowed directing publication in one issue of Mathrubhumi, Kerala edition. Till now no steps were taken.
MANJULA CHELLUR, ACTING CHIEF JUSTICE
A.M.SHAFFIQUE, JUDGE.
sj
2 issues framed by the court
Whether to allow the special leave petition appeal wherein directions regarding publication were issued.
Whether to dismiss the appeal for non-prosecution.
T.P. Hamsa
Gopakrishnan. N.
S. Shanmugha Prakash
P. Preman
The State of Kerala
Manjula Chellur
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
