IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 WP(C).No. 20481 of 2008(L) -------------------------- PETITIONER: ------------ JOSEPH MATHEW, PROPRIETOR, 'VIKAS INDUSTRIES' 40/4911, BALACHANDRAN MASTER ROAD, POOKKARUN MUKKU, COCHIN - 35. BY ADV. SRI.M.BALAGOVINDAN SRI.M.R.SASITH RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE FINANCIAL CORPORATION REPRESENTED BY IS MANAGING DIRECTOR, OFFICE OF THE K.F.C., ERNAKULAM. 3. DISTRICT COLLECTOR, CIVIL STATION, ERNAKULAM. 4. DEPUTY TAHSILDAR (RR) KERALA FINANCIAL CORPORATION, ERNAKULAM. 5. K. KUPPUSWAMY, ANJALIKKAL PARAMBIL VEEDU, PANAYAPALLI, COCHIN. 6. VALLIYAMMAL, C.C. 40/49/10 KOVILVATTOM, ERNAKULAM. BY ADV. SRI.M.M.SAYED MUHAMMED, SC, KFC FOR R2 SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.20481 OF 2008 ---------------------------------------- Dated this the 8th day of July, 2008 JUDGMENT The petitioner claims to be a tenant under the 6th respondent. The 4th respondent initiated proceedings under the Kerala Building (Eviction of Unauthorised Occupants) Act, 1968, which resulted in an order and a notice directing the petitioner to quit. Against the same, the petitioner filed Ext.P3 appeal as provided under the Act. The petitioner seeks a direction to the 3rd respondent to consider and pass order on Ext.P3 expeditiously. 2. I have heard the learned Government Pleader and the learned Standing Counsel appearing for the 2nd respondent. In the nature of the order I propose to pass I do not think it necessary to issue notice to respondents 5 and 6. Now that a statutory appeal has been filed, the 3rd respondent has a duty to consider and pass orders on the same expeditiously. This the 3rd respondent shall do, after affording an opportunity of being heard to the petitioner as well as respondents 2, 5 and 6, as W.P.(c)No.20481/08 2 expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. The petitioner submits that he has already filed an application for stay, which also may be directed to be considered. If the petitioner approaches the 3rd respondent with a certified copy of this judgment, the 3rd respondent shall assign a date of hearing for hearing the stay petition and the stay petition shall be considered and disposed of on that date. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.20481/08 3