IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 WA.No. 1787 of 2011() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.24290/2011 Dated 30/09/2011 .................... APPELLANT(S): PETITIONERS ----------------------------------------- 1. SATHEESH KUMAR, S/O. KUNJUKRISHNA PILLAI, SATHKALA, TAGORE ROAD, THIRUMALA.P.O, THIRUVANANTHAPURAM. 2. MOHANAN, S/O. DASAN, SHIBU BHAVAN, TAGORE ROAD, THIRUMALA, THIRUVANANTHAPURAM. BY ADV. SRI.J.S.AJITHKUMAR RESPONDENT(S): --------------- 1. DEPUTY TAHSILDAR, REVENUE RECOVERY, THIRUVANANTHAPURAM - 695 001. 2. THE GEOLOGIST, MINING & GEOLOGY DEPARTMENT, DISTRICT OFFICE, THIRUVANANTHAPURAM - 695 001. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY, INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001 BY GOVT.PLEADER SRI.JAMES MATHEW KADAVAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A.1875/11 1 MANJULA CHELLUR, Ag.C.J & P.R.RAMACHANDRA MENON, J. ---------------------------------------------- W.A.No. 1787 of 2011 ---------------------------------------------- Dated this the 20th day of December, 2011 JUDGMENT Manjula Chellur, Ag.C.J. The impugned order dated 30.9.2011 reads as follows: “The Learned Counsel for the petitioners is absent. This Writ Petition is filed challenging recovery of certain amounts. I had granted stay of recovery on condition that the petitioners pay 50% of the balance amount due. But, the Learned Government Pleader points out that the recovery is pursuant to my judgment in W.P(C).No.11647/07 and subsequent orders. In the above circumstances, the interim stay is vacated.” 2. Learned counsel for the appellant brought to our notice pendency of W.P(C).No.11647 of 2007 to contend that there was wrong submission before the learned Single Judge that W.P(C). No.11647 of 2007 was already disposed of and a judgment is in existence. However, the learned Government Pleader before us W.A.1875/11 2 persistently submitted that there was an order in the Writ Petition. In that context, we had to secure the entire files pending before the learned Single Judge, including the Contempt Petition. On perusal of W.P(C).No.11647 of 2007, we note that W.P(C). No.24290 of 2011 is filed by the very appellant challenging order of the appellate authority dated 26.8.2011. So far as W.P(C). No.24290 of 2011, we find an interim order dated 6.9.2011 directing the writ petitioner to pay 50% of the balance amount due as a condition for the interim stay. Order dated 30.9.2011 is the impugned order. Apart from this order dated 6.9.2011, we do not see any interim order in any of the files directing the appellant herein to deposit further amount other than the amount referred to in the order dated 6.9.2011. In that view of the matter, we are of the opinion, there was some mistake at the time of submissions made on behalf of the Government on 30.9.2011, which persuaded the learned Judge to vacate the stay order dated 6.9.2011. In that view of the matter, having regard to the deposit of 50% of the amount due in pursuance of the order dated 6.9.2011 by the appellant herein, we are of the opinion, interim stay has to be granted as sought for in the present appeal setting aside the order dated 30.9.2011. W.A.1875/11 3 The learned Government Pleader submitted that there is no dispute so far as deposit of Rs.2,00,000/- (two lakh) by each of the private parties on earlier occasion and Rs.42,000/- (forty two thousand) by each subsequent to the order dated 6.9.2011. With the above observation, the Writ Appeal is disposed of MANJULA CHELLUR, ACTING CHIEF JUSTICE P.R.RAMACHANDRA MENON, JUDGE vgs