This writ appeal filed with a delay of 580 days was dismissed as the court found no justification for the delay, given the appellant's knowledge of the lower order since 2011 and previous unsuccessful review petitions.
Delay petition dismissed; Consequently, the Writ Appeal also dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR &
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
MONDAY, THE 22ND DAY OF JULY 2013/31ST ASHADHA, 1935
WA.No. 1710 of 2012 () IN WP(C).18067/2007
AGAINST THE ORDER/JUDGMENT IN WP(C) 18067/2007 of HIGH COURT OF KERALA DATED 20-12-2010 APPELLANT(S)/3RD RESPONDENT IN WPC:
SAJITHA.A W/O.K.BASHEER , FLOT NO.30 TILAK NAGAR, PAROTUKONAM NALANCHIRA P.O., THIRUVANANTHAPURAM (UPPER DIVISION CLERK, KERALA STATE HOUSING BOARD HEAD OFFICE, THIRUVANANTHAPURAM(RELIEVED). BY ADVS.SRI.O.D.SIVADAS SRI.S.SHAJI
RESPONDENT(S)/PETITIONER :
R1 BY ADV. SRI.N.NANDAKUMARA MENON (SR.) R1 BY ADV. SRI.P.K.MANOJKUMAR R2 & 3 BY ADV. SRI.GEORGE BOBAN, SC, K.S.H.B.
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Manjula Chellur, C.J. & K. Vinod Chandran, J.
W.A. No. 1710 OF 2012 and C.M. Appl. No. 780 OF 2012
Dated this the 22nd day of July, 2013
JUDGMENT
Manjula Chellur, C.J.
This appeal is filed with delay of 580 days.
According to the appellant, the judgment was pronounced on 20.12.2010 and copy of the judgment was received only on 05.09.2012 after filing a copy application on 13.08.2012. In the affidavit it is averred that on account of the mistake of the stenographer in entering the proper details, the 3rd respondent's (the appellant herein) counsel was not able to represent when the matter was called before the Court and accordingly the Writ Petition was disposed of against the appellant.
of 2011 which also came to be dismissed on 24.06.2011. Subsequently, the Housing Board filed R.P. No.249 of 2011
WA No. 1710 of 2012
which also came to be dismissed on 01.08.2012, therefore, the delay has occurred on account of the reasons mentioned above.
WA No. 1710 of 2012
-:3:-
In that view of the matter, we are of the opinion, there is no justification for the petitioner to come up with this delay petition. Accordingly, the delay petition is dismissed. Consequently, the Writ Appeal also will stand dismissed.
Manjula Chellur, Chief Justice.
K. Vinod Chandran, Judge.
ttb/22/07
1 issue framed by the court
Whether the appeal can be condoned for delay of 580 days when the appellant had knowledge of the disposal since 2011?
Sajitha.A w/o.K.Basheer
K.A.Muhammed Ismail
Kerala State Housing Board
The Regional Engineer
V.Ajithakumari
Manjula Chellur
K. Vinod Chandran
As recorded by the court registry
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