IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 MJC.No. 153 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN LAA.16/2010 Dated 14/01/2010 .................... PETITIONER/APPELLANT IN LAA: -------------------- THE SECRETARY, KODUM BELUR GRAMA PANCHAYATH, ATTENGANAM P.O., ANANDASRAM, KASARGOD DIST. BY ADV. SRI.P.B.KRISHNAN RESPONDENT(S)/RESPONDENTS IN LAA: --------------------- 1. THE SPECIAL TAHSILDAR (LA), KASARGOD. 2. KALAPURAKKAL JOSE, BELUR, BELUR, KASARGOD DIST. 3. KALAPPURAKKAL K.J. JOHN, KUNNUMVAYAL, BELUR, KASARGOD DIST. 4. KALAPPURAKKAL JOSHI JOSE, KUNNUMVAYAL, BELUR, KASARGOD DIST. 5. MANAGING DIRECTOR, KERALA CLAYS CERAMICS LTD., PAPPINISSERY. SENIOR GOVT.PLEADER MS.LATHA T.THANKAPPAN THIS MISCELLANEOUS JURISDICTION CASE HAVING BEEN FINALLY HEARD ON 05/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- C.M.Appl.No.523 of 2010 in M.J.C.No.153 of 2010 & M.J.C.No.153 of 2010 in L.A.A. No. 16 of 2010 ---------------------------------- Dated this the 5th day of April, 2010 O R D E R ----------------- Pius C.Kuriakose,J. The appeal was dismissed for default even before the claimants/respondents were served with notice. We are therefore of the view that the MJC can be decided even without notice to the claimants/respondents. We notice the averment in the affidavit sworn to in support of the MJC. We feel that the MJC can be allowed by imposing conditions. 2. Accordingly it is ordered that the application for condonation of delay as well as the MJC will stand allowed on condition that the appellant pays a sum of Rs.1,000/- (Rupees one thousand only) to the Kerala High Court Legal Services Committee immediately. It is submitted by counsel for the appellant that there will not be difficulty for making payment. Registry will send up the appeal for admission as soon as receipt against payment of amount as ordered above is noticed. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb