In CM Application No. 338 of 2018, the court condoned a 135-day delay in filing a writ appeal. Subsequently, in Writ Appeal No. 491 of 2018, the court dismissed the appeal as covered by a prior judgment dated 25.01.2018.
Delay in filing writ appeal condoned; subsequent writ appeal dismissed.
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.SURENDRA MOHAN
&
THE HONOURABLE MRS. JUSTICE ANNIE JOHN
TUESDAY, THE 28TH DAY OF FEBRUARY 2018 / 8TH PHALGUNA, 1939
WA.No. 491 of 2018 IN WPC. 15756/2017
AGAINST THE ORDER/JUDGMENT IN WP(C) 15756/2017 of HIGH COURT OF KERALA DATED 29-08-2017
APPELLANT(S)/4TH RESPONDENT & PETITIONER
MANJALOOR P.O., PALAKKAD-678502.
BY ADVS.SRI.S.M.PREM
SRI.P.RAMACHANDRAN (PALAKKAD) SRI.H.NARAYANAN
RESPONDENT(S)/RESPONDENTS 1 TO 3:
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
2. DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THYCAUD P.O., THIRUVANANTHAPURAM-695014
3. ASSISTANT EDUCATIONAL OFFICER, KUZHALMANNAM, PALAKKAD-678702.
R BY ADVOCATE GENERAL SRI C P SUDHAKARA PRASAD R BY SENIOR GOVERNMENT PLEADER SRI A J VARGHESE R BY GOVERNMENT PLEADER SMT NISHA BOSE
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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K.SURENDRA MOHAN & ANNIE JOHN, JJ.
C.M.Application No.338 of 2018 in W.A. No.491 of 2018
Dated this the 28th day of February, 2018
ORDER/JUDGMENT
Surendra Mohan, J.
C.M.Application No.338 of 2018
The petitioner seeks condonation of a delay of 135 days in filing the appeal. The Government Pleader takes notice for respondents 1 to 3.
Heard. We have perused the affidavit filed in support of this petition. Explanation for the delay is accepted. This petition is allowed. Delay condoned.
Writ Appeal
The counsel on both sides agree that, the issues raised in this Writ Appeal are covered by our judgment dated 25.01.2018 in W.A.No.2487 of 2017 and connected cases. For the various reasons stated in the said judgment, this Writ Appeal is also dismissed.
Sd/-
K.SURENDRA MOHAN JUDGE
Sd/- ANNIE JOHN JUDGE
kkj
2 issues framed by the court
Whether the delay in filing the writ appeal is condonable.
Whether the writ appeal should be allowed in light of existing judgments.
Colour shows how this judgement treated each authority
W.A. No. 2487 of 2017Followed¶34
Manager, Junior Basic School, Vettukad & Others
State of Kerala
K.Surendra Mohan
Annie John
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
