High CourtsSingle Bench(2026) 09 KL CK 4921

Jithin Devassia vs State Of Kerala & Ors.

High Court Of Kerala, Ernakulam · Decided on 29 September 2026

HON’BLE JUDGES
C. Jayachandran, J
CASE NUMBER
W.P(C) No.33014 of 2026

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Judgment

3 paragraphs · 240 words

Ext.P4 is an Appeal preferred by the petitioner as against Ext.P1 Order directing the petitioner to vacate the subject property. Along with Ext.P4, the petitioner preferred a stay petition before the Appellate Authority. The same has not been considered so far, is the grievance. Ext.P1 Order directs the petitioner to vacate the subject property within three days. In such circumstances, it is imperative for the petitioner to obtain an Order in the stay petition, is the submission made by the learned counsel for the petitioner.

2.

Having heard the learned counsel for the petitioner and the learned Government Pleader on behalf of the respondents, this Court directs the 3rd respondent/R.D.O to consider the stay petition filed along with Ext.P4 Appeal, in accordance with law, expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. The petitioner will produce a copy of the judgment before the 3rd respondent, for compliance. Until such time, Ext.P1 Order shall not be implemented. There will be a further direction to the 3rd respondent to consider the Appeal itself, within a period of three months from the date of disposal of the stay petition, as directed above. Needless to say that, the petitioner shall be afforded with an opportunity of being heard before taking a call in the stay petition, as also, in the Appeal.

The Writ Petition (Civil) will stand allowed, as indicated above.