IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 OP(C).No. 4141 of 2011(O) ------------------------- AGAINST THE ORDER DATED 18/11/2011 IN EP.817/2008 IN LAR.324/2007 of II ADDL.SUB COURT,TRIVANDRUM .................... PETITIONER(S): -------------------- P.V.EAPEN,S/O.VARGHESE, AGED 82, MANJALLOOR VEED, VENNIKULAM,KALLOOPARA. ADDRESS FOR SERVICE: M/S. LAL GEORGE, INDUJA M.J., ADVOCATES, VTH AVENUE, KALOOR, KOCHI - 17. BY ADV. SRI.LAL GEORGE SMT.M.J.INDUJA RESPONDENT(S): ------------------------ 1. STATE OF KERALA RERESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,REVENUE DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 695 001. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM 695 001. 3. THE MANAGING DIRECTOR THIRUVANANTHAPURAM INTERNATIONAL AIRPORT DEVELOPMENT SOCIETY, THIRUVANANTHAPURAM 695 001. BY GOVERNMENT PLEADER FOR R1 AND R2 THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 22/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ds OP(C).No. 4141 of 2011(O) APPENDIX PETITIONER(S) EXHIBITS: EXHIBIT P1. TRUE PHOTOSTAT COPY OF THE COMMON JUDGMENT DATED 30.7.08 IN LAR NO.324/07 AND CONNECTED CASES. EXHIBIT P2. TRUE PHOTOSTAT COPY OF THE CHEQUE APPLICATION FILED IN E.P NO.817/08 IN LAR NO.324/07. EXHIBIT P3. TRUE PHOTOSTAT COPY OF THE ORDER DATED 29.11.11. EXHIBIT P4. TRUE PHOTOSTAT COPY OF THE JUDGMENT DATED 5.8.11. EXHIBIT P5. TRUE PHOTOSTAT COPY OF THE PAN CARD. EXHIBIT P6. TRUE PHOTOSTAT COPY OF THE DISCHARGE SUMMARY ISSUED FORM THE PUSHPAGIRI HEART INSTITUTE. RESPONDENTS' EXHIBITS: NIL /TRUE COPY/ PA TO JUDGE THOMAS P.JOSEPH, J. ==================================== O.P(C) No.4141 of 2011 ==================================== Dated this the 22nd day of December, 2011 J U D G M E N T Exhibit P3, order dated 29.11.2011 on cheque application No.529 of 2011-12 in E.P. No.817 of 2008 in L.A.R. No.324 of 2007 of the court of learned Second Additional Sub judge, Thiruvananthapuram is under challenge. The said application was dismissed on the submission of learned Government Pleader appearing in the court below that an appeal is pending against the decree. It is submitted by learned counsel for petitioner that no such appeal is pending and that learned Government Pleader did not give any detail regarding the appeal allegedly pending. 2. It is seen that learned Sub Judge has rejected the application for cheque merely on the submission that an appeal is pending even without seeking any details of the appeal said to be pending. Hence Exhibit P3, order cannot be sustained and is liable to be set aside. Original Petition is allowed. Exhibit P3, order is set aside. Cheque application referred to therein is remitted to the learned Sub Judge for fresh decision after hearing all parties concerned. If O.P(C) No.4141 of 2011 -: 2 :- learned Government Pleader is of the view that any appeal is pending, learned Sub Judge shall direct the Government Pleader to give details of the appeal and whether any application for stay is pending consideration in such appeal and based on the information collected, learned Sub Judge shall dispose of the application as provided under law. Learned Sub Judge is directed to expedite the proceedings on the application. THOMAS P. JOSEPH, JUDGE. vsv