Writ appeal against an interim order partially staying a State demand. Held that no interference needed as the single judge's order was just and proper, and parties should agitate all issues below.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.NAVANITI PRASAD SINGH
&
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
TUESDAY, THE 21ST DAY OF MARCH 2017/30TH PHALGUNA, 1938
WA. NO.472 OF 2017 () IN WP(C).309/2017
(AGAINST THE INTERIM ORDER DATED 05-01-2017 IN WP(C) NO.309/2017.)
APPELLANT(S)/PETITIONER:
K. J. VASUDEVAN NAIR, MANAGING PARTNER, M/S.K.J.VASUDEVAN NAIR GRANITES, SANKARAN CHIRA, MULANKUNNATHUKAVU.P.O,THRISSUR DISTRICT-680581.
BY ADVS.SRI.V.G.ARUN
SRI.T.R.HARIKUMAR
RESPONDENT(S)/RESPONDENTS:
R1-R4 BY SENIOR GOVERNMENT PLEADER SRI.M.R.SABU
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
NAVANITI PRASAD SINGH, C.J. &
ANTONY DOMINIC, J
JUDGMENT
Navaniti Prasad Singh, C.J.
This appeal is directed against the order of the learned single Judge at the interim stage whereby, the learned single Judge has partially stayed the demand as made by the State, which demand was challenged in the writ proceedings. Considering the provisions of Sections 6(1) and 6(2) of the Kerala Land Conservancy Act, 1957 we are of the view that as the matter is pending before the learned single Judge, it would be appropriate for the parties to agitate all issues before the learned single Judge, as the interim order passed is just and proper in the facts and circumstances of the case and needs no interference. This writ appeal stands disposed of accordingly.
Sd/Navaniti Prasad Singh, Chief Justice
Sd/Antony Dominic, Judge
krj.21/3
1 issue framed by the court
Whether the interim order partially staying the State's demand requires interference in a pending matter.
1 provisions across 1 enactments
K. J. Vasudevan Nair
State of Kerala
Navaniti Prasad Singh
Antony Dominic
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
