The High Court of Kerala refused to condone a delay of 2492 days in filing a revision petition, dismissing it as barred by limitation. The court held the excessive delay was due to administrative lethargy attributable to the State, not the respondents.
Civil Revision Petition No. 1119 of 2007 was dismissed as barred by limitation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN
TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930
CRP.No. 1119 of 2007
----------------------------------TLB/SR.377/1973 of TALUK LAND BOARD, MUKUNDAPURAM
REVN. PETITIONER/RESPONDENT:
STATE OF KERALA REPRESENTED BY THE TALUK LAND BOARD, MUKUNDAPURAM.
BY GOVERNMENT PLEADER SMT.R.BINDU
RESPONDENTS:
ADV. SRI.RENJITH THAMPAN FOR R1 SMT.P.A.ANITHA FOR R1
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 09/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.P. Balachandran, J.
C.M.Appl.No.1179 of 2007 & C.R.P.No.1119 of 2007
ORDER
This is an application filed by the State
seeking for condonation of delay of 2492 days in filing the revisin petition. The order assailed is
dated 15.2.2000. As per the averment in the
affidavit accompanying the application for condonation of delay, copy of the said order has been received on 25.1.2001. It is submitted that the records necessary for directions being given after scrutiny of the order had not been forwarded
by the Land Board despite several letters from February 2001 onwards and the file was forwarded only on 11.7.2005, after a number of reminders. Thereafter also delay had occurred and that is sought to be explained as administrative delay. However, the delay caused is as much as 2492 days in filing the revision petition and the successful party is not expected to wait indefinitely to see
CRP 1119/07 2
whether any revision is being filed by the State. The delay of as much as 2492 days has been brought about by irresponsible and lethargic attitude on behalf of the Government officers, for which the Government have to suffer and not the respondent in whose favour the Land Board has passed the impugned order. Therefore, the delay of as much as 2492 days in filing the revision petition is not liable to be condoned.
In the result, I dismiss this C.M. Application. Consequently, the revision petition also stands dismissed as barred by limitation.
9th December, 2008 tkv
(K.P.Balachandran, Judge)
1 issue framed by the court
Whether the delay of 2492 days in filing the revision petition can be condoned.
State of Kerala represented by the Taluk Land Board, Mukundapuram
Rosy
K.P. Balachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
