The State Of Kerala vs. Fathima Convent English Medium School

ITEM NO.7 COURT NO.2 SECTION XI-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 30712/2022

(Arising out of impugned final judgment and order dated 12-07-2019 in WA Nos. 1932/2018, 2051/2018, WA No.355/2019, WA No. 406/2019, WA No. 430/2019, WA No. 457/2019, WA No.464/2019, WA No. 473/2019, WA No. 475/2019, WA No.487/2019, WA No.489/2019 12-07-2019 in WA No. 491/2019 12-07-2019 in WA No.496/2019, WA No.497/2019, WA No. 525/2019, WA No.541/2019, 555/2019 and WA No. 566/2019 passed by the High Court Of Kerala At Ernakulam)

THE STATE OF KERALA & ANR. Petitioner(s)

VERSUS

MANAGEMENT ASSOCIATION OF CHRISTIAN MINORITY SCHOOLS & ANR. Respondent(s)

([ONLY I.A NO. 87897/2023 IS LISTED AGAINST THIS MATTER] IA No. 87897/2023 - APPROPRIATE ORDERS/DIRECTIONS)

Date : 19-05-2023 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA

For Petitioner(s) Mr. Jaideep Gupta, Sr. Adv. Mr. C. K. Sasi, AOR Mr. Abdulla Naseeh V. T., Adv. Mrs. Meena K Poulose, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

I.A. No. 87897/2023 - APPROPRIATE ORDERS/DIRECTIONS

The State is once again in breach and seeks to hide behind all kind of excuses while preferring IA No. 87897/2023. The cost which was required to be deposited within three weeks Digitally signed by Charanjeet Kaur Date: 2023.05.19 18:03:55 IST Reason: Signature Not Verified

has not been so deposited. The time period expired on 04.5.2023.

At this stage, learned senior counsel prays for extension, reluctantly we grant the same, the amount be deposited within two weeks from today.

Insofar as the explanation in the application is concerned, the burden seems to be taken by the Advocate-on-Record on account of the fact that the file was mislocated. We, however, fail to appreciate how the person who entrusted the file would never inqure about the matter. Even as per averments in the application, new office of the counsel was started in August, 2021 and accidentally the file was located in September, 2022. Therefore, for 13 months the file was mislocated and yet it is not indicated as to who from the department had to follow up and did follow up or not. Therefore, a proper affidavit in support of this application by the Officer concerned be filed within two weeks.

List the application after ensuing summer vacation.

(RASHMI DHYANI PANT) (POONAM VAID) COURT MASTER COURT MASTER

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