IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 WP(C).No. 3672 of 2009(K) ------------------------- PETITIONER(S): --------------- RAPPAYI, AGED 43 YEARS S/O. VAREED, NAMBIYADAN HOUSE, PAZHAYI PO, THRISSUR DT. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF MINING AND GEOLOGY SECRETARIAT, THIRUVANANTHAPURAM. 2. GEOLOGIST, THRISSUR. 3. THE DIRECTOR OF MINING AND GEOLOGY THIRUVANANTHAPURAM BY GOVT. PLEADER SMT.SUDHADEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.3672 OF 2009 ------------------------ Dated this the 4th day of February, 2009. JUDGMENT Against Ext.P4 order demanding penalty, the petitioner fled Ext.P5 appeal. Obviously the appeal was belated and therefore he filed an application for condonation of delay also. It is also seen that he has filed an application for stay of Ext.P4 as well. It is stated that in the meanwhile the amount due under Ext.P4 is sought to be realized. 2. However, the Government Pleader points out that Ext.P6 communication demanding payment was issued on 24.12.2008 and that the appeal was filed much later on 27.1.2009. 3. Irrespective of the merits of the contentions raised, since the petitioner has filed Ext.P5 appeal with an application for condonation of delay and also a stay WP(c).No.3672/09 /2/ petition, I feel that the the appellate authority shall consider the appeal and the Interlocutory applications that have been filed. 4. Accordingly, the writ petition is disposed of directing that the appellate authority shall consider the petition for condonation of delay and also the stay petition filed along with Ext.P5 appeal. This shall be done as expeditiously as possible and at any rate within 30 days from the date of production of a copy of the judgment. Subject to the condition that the petitioner produces a copy of the judgment before the 3rd respondent, on or before 12th of February, 2009, it is directed that further proceedings for recovery of the amount due under Ext.P6 will be kept in abeyance for 30 days from today. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.3672/09 /2/