POOTHADI GRAMA PANCHAYATH Vs. S.C.SUKUMARAN

JUDGEMENT

(1.) Learned Government Pleader takes notice for respondents 2 and 3.

(2.) Challenge in this writ appeal is to the judgment made in W.P.(C) No.8172/2009 dated 17.2.2012, to quash Ext.P1 recovery proceedings dated 31.7.2008, initiated against the respondent, with delay of 2106 days. Hence, Civil Miscellaneous Application is filed.

(3.) Since this matter was not on the list of pending files, I along with the other staff of the Panchayath searched the old almirahs in the appellant panchayath and on 2 nd of December 2017 were able to retrieve a file concerning this matter. In one of these files, it was noted that this Hon'ble Court passed a judgment in Writ Petition (c) No.8172/2009 on 17 th day of February 2012 and a photocopy of this judgment was appended to these files. On contacting the lawyer of the appellant panchayath at Ernakulam, he told us that for taking appropriate legal steps, availing a certified copy of the judgment passed in the concerned Writ Petition was necessary. Since the appellant did not have certified copy of the judgment, he told us that he will immediately apply for receiving the certified copy of this judgment on 4 th of December 2017 itself. An application in this regard was submitted on 4th of December 2017. Date of calling of stamp was notified on 6th of December 2017. The stamps were produced on 6th of December 2017 itself. The judgment was ready on 6th of December 2017 itself and the certified copy of the judgment was received by this office on 7 th of December 2012 and communicated to us on that day itself."