The Kerala High Court directed to dispose of the statutory appeal expeditiously as the excise authority refused to take timely action on the High Court Order which led to the denial of the opportunity to participate in auction.
K A James, the petitioner prayed that the 8th respondent be directed to take up statutory revision and dispose it of within a time frame to be fixed by the Court.
Sri M G Karthikeyan counsel for the petitioner, submitted that even though the Court had issued judgment in favour of his client earlier, the Authorities refused to take timely action, thus leading to his client being denied the opportunity of participating in the auction on the strength of a preference certificate; and, therefore, that he has been constrained to challenge the same through statutory revision.
Sri. Sunil Kumar Kuriakose Government Pleader, in response, submitted that the petitioner doesn’t have to have approached the Court through the writ petition because the 8th respondent will certainly consider in terms of law without any avoidable delay. He prayed that, however, the Court may not make any affirmative declarations in his favour and leave it to the said respondent to take an appropriate decision thereon.
A single bench of Justice Devan Ramachandran allowed the writ petition and directed the 8th respondent to take up statutory revision and dispose it of, after affording the petitioner, respondents 6 and 7, as well as any other person who may be interested, an opportunity of being heard, culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than two months.
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