The High Court of Kerala dismissed the petition to condone a delay of over three years in filing a writ appeal, deeming the reasons provided insufficient. Consequently, the pending appeal was also dismissed.
Delay condonation petition dismissed; appeal dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI
MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930
WA.No. 336 of 2009 --------------------------AGAINST THE JUDGEMENT IN O.P.NO.15854/2001 DTD. 06/03/2006 OF THIS HON'BLE COURT
APPELLANT/ RESPONDENTS 1 TO 3:
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1. ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL MAJOR SECTION, VAZHAKULAM, MUDICKAL.P.O., ERNAKULAM.
2. KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY.
3. ASSISTANT ENGINEER (METER INSPECTION) KERALA STATE ELECTRICITY BOARD, PERUMBAVOOR ELECTRICAL DIVISION, PERUMBAVOOR, ERNAKULAM.
BY ADV. MR.C.K.KARUNAKARAN, SC, KSEB.
RESPONDENTS/ PETITIONER & 4TH RESPONDENT:
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1. CHANDRIKA PLASTIC INDUSTRIES, MUDICKAL.P.O., PERUMBAVOOR, ERNAKULAM DISTRICT, REP. BY ITS MANAGING PARTNER.
2. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, THIRUVANANTHAPURAM.
BY
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
prv.
J.B. Koshy,Ag.C.J. & V.Giri, J.
W.A.No. 336 of 2009 and C.M.Appl.No.178 of 2009
Dated this the 16th day of February, 2009
Judgment
Koshy, Ag.C.J.
This is a petition to condone the long delay of 1031 days in filing the appeal. The judgment was pronounced in open court on 6.3.2006. It is submitted that certified copy was applied only on 22.1.2007 and it was received on 26.10.2007. Review petition was filed and it was disposed of on 20.11.2006. True copy of review order was also not produced. Even though the certified copy of order in review petition was obtained on 12.12.2006 as per the petitioner's own averments, the affidavit filed in support of the delay petition is dated 31.12.2008 and the appeal is filed only on 11.2.2009. We are of the view that no satisfactory reasons are stated for condoning the long delay of 1031 days in filing the appeal. Hence, the delay condonation petition is dismissed. Consequently, the appeal is also dismissed.
J.B.Koshy Acting Chief Justice
V. Giri
Judge
vaa
1 issue framed by the court
Whether the long delay of 1031 days in filing the appeal can be condoned?
Assistant Executive Engineer, Kerala State Electricity Board, Vazhakulam
Kerala State Electricity Board
Assistant Engineer (Meter Inspection), Kerala State Electricity Board
Chandrika Plastic Industries
State of Kerala
J.B. Koshy
V. Giri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
