The appellate bench declined to interfere with the Single Judge's exercise of discretion in reducing fixed charges for filing a statutory appeal, directing the appellants to pursue their cause via the statutory appeal within the stipulated time limit.
Deferred to statutory appeal; writ appeal closed pending appropriate statutory appeal.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 11TH DAY OF JUNE 2020 / 21ST JYAISHTA, 1942
WA.No.705 OF 2020
AGAINST THE JUDGMENT IN WP(C) 8393/2020(Y) OF HIGH COURT OF KERALA
APPELLANT:
SABITH B., AGED 30 YEARS,S/O.BADAR, PUTHENVEEDU HOUSE,MALESAMANGALAM P.O., THRISSUR-680 588.
BY ADV. SRI.J.JULIAN XAVIER
RESPONDENTS:
R1-3 BY ADV. SRI.N.SATHESH
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 11.06.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Writ Appeal No.705 of 2020
::2::
Dated this the 11th day of June, 2020
J U D G M E N T
Vinod Chandran, J
Having gone through the judgment, we find that the learned Single Judge has exercised discretion insofar as reducing the amount to be paid as 50% of the fixed charges only for the
purpose of filing a statutory appeal. We are in appeal and are not inclined to interfere with the discretion exercised by the learned Single Judge
which we find to be reasonable. In such circumstances, we close the writ appeal leaving the party to agitate the cause in the statutory appeal. All contentions are left open. We make it clear that if the appeal is filed within one month from the date of receipt of the certified copy of this judgment, the same shall be considered to be filed
Writ Appeal No.705 of 2020
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in time and shall be considered on merits. No order
as to costs.
Sd/K. Vinod Chandran,Judge
Sd/T.R Ravi, Judge
jma
SABITH B.
KERALA STATE ELECTRICITY BOARD LIMITED
ASSISTANT EXECUTIVE ENGINEER, KSEB LIMITED
SUB ENGINEER, ELECTRICAL SECTION
K. Vinod Chandran
T.R. Ravi
As recorded by the court registry
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