Petitioner sought directions to expedite disposal of applications filed against an ex-parte order. High Court satisfied and ordered first respondent to decide pending applications within two weeks with interim order continuing.
Petitioner directed to get Ext. P2 and P3 applications considered and disposed of by first respondent within two weeks.
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 K.SURENDRA MOHAN
MONDAY, THE 16TH DAY OF JULY 2012/25TH ASHADHA 1934
WP(C).No. 6288 of 2012 (I)
PETITIONER(S):
GOPAL P. PRASAD,, AGED 63 YEARS S/O.GOPALAKRISNAN PILLAI,'USHUS',TC NO.3/1053 SREENAGAR LANE,PARUTHIPARA,MUTTADA.P.O THIRUVANANTHAPURAM.
BY ADV. SRI.BIJU BALAKRISHNAN
RESPONDENT(S):
1. THE CONTROLLING AUTHORITY,
2. THE PROPRIETOR,
3. SMT.PODIYAMMA,
THOTTATHIL VEEDU,CHENGAMANDU.P.O,KIZHAKKE THERUVU KOTTARAKKARA,KOLLAM DISTRICT,PIN-691557.
4. THE TAHSILDAR,
BY ADVS. SRI.T.M.CHANDRAN
SRI.V.A.SASIDHARAN SRI.JOSEPH ALBIN NEDUNTHALLY SRI.V.V.RAJA SRI.M.T.SURESHKUMAR
BY GOVERNMENT PLEADER SRI.P.P.PADMALAYAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX
PETITIONERS EXHIBITS:
EXT P1: PHOTOSTAT COPY OF THE ORDER DATED 22.2.2011 IN G.C.NO.133/2009 OF THE ST RESPONDENT.
EXT.P2: PHOTOSTAT COPY OF THE APPLICATION DT.21.2.2012 FILED BY THE PETITIONER SEEKING TO SET ASIDE EXT.P1 ORDER.
EXT.P3: PHOTOSTAT COPY OF THE APPLICATION FOR CONDONATION OF THE DELAY.
RESPONDENTS EXHIBITS:
EXHIBIT R1(A): A TRUE COPY OF THE REP[LY DATED 09.10.2009
EXHIBIT R1(b): A TRUE COPY OF THE A/D CARD SHOWING RECEIPT OF THE NOTICE FOR HEARING IN THE G.C.C 133/2009.
EXHIBIT R1(c): A TRUE COPY OF THE A/D CARD SHOWING THE RECEIPT OF THE COPY OF THE AWARD DATED 06.09.2011.
EXHIBIT R1(d): A TRUE COPY WAGE CARD.
EXHIBIT R1(e): A TRUE COPY OF THE A/D CARD EVIDENCING THE RECEIPT OF THE SHOWCAUSE NOTICE DATED 31.10.2011.
EXHIBIT R2(a): TRUE COPY OF THE LEASE DEED DATED 1.6.2006 EXECUTED BY THE GOPAL P.PRASAD AND THE 4TH RESPONDENT.
EXHIBIT R2(b): TRUE COPY OF THE LEASE DEED DATED 1.1.2009 EXECUTED BY THE GOPAL P.PRASAD AND THE 4TH RESPONDENT.
EXHIBIT R2(c): TRUE COPY OF THE APPLICATION DATED 9.11.2011 FILED BEFORE THE CONTROLLING AUTHORITY.
//TRUE COPY//
P.A.TO JUDGE
K.SURENDRA MOHAN, J.
W.P(c) No.6288 of 2012
Dated this the 16th day of July, 2012
J U D G M E N T
The petitioner has filed Exts.P2 and P3 applications for setting aside Ext.P1 ex-parte order passed by the 1st respondent. The petitioner complains that no orders have been passed thereon till date. The petitioner therefore seeks the issue of appropriate directions for the disposal of Exts.P2 and P3 expeditiously.
Having heard the rival contentions, I am satisfied that this writ petition can be disposed of directing Exts.P2 and P3 applications to be considered and disposed of expeditiously. This writ petition is accordingly disposed of directing the first respondent to consider Exts.P2 and P3 applications in accordance with law and to pass final orders thereon, as
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W.P(c) No.6288 of 2012
expeditiously as possible and at any rate within a period of 2 weeks from the date of receipt of a copy of this judgment. The interim order granted in this case shall continue until final orders are passed by the first respondent in compliance with the above directions.
K.SURENDRA MOHAN, JUDGE
mns
1 issue framed by the court
Whether the petitioner is entitled to directions for expeditious disposal of pending applications restoring them from ex-parte order and condoning delay?
GOPAL P. PRASAD
THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT
LOURDE MATHA CASHED COMPANY
SMT. PODIYAMMA
THE TAHSILDAR
K. SURENDRA MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
