The High Court of Kerala rejected the Government's application for condonation of delay in filing a writ appeal. The court dismissed the appeal, citing enormous, unexplained delays and noting that the Government earlier conceded to a judgment that rendered the matter moot.
Application for condonation of delay dismissed; 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.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 04TH DAY OF JUNE 2019 / 14TH JYAISHTA, 1941
WA.No. 726 of 2019
JUDGMENT IN WP(C) 8467/2012 of HIGH COURT OF KERALA DATED 17.3.2017
APPELLANT/S:
SRI A.J VARGHESE SR GP
RESPONDENT/S:
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
C.M.Appl.No.1 of 2019 & W.A No.726 of 2019
-2-
JUDGMENT
K.VINOD CHANDRAN, J.
The Government seeks condonation of delay of 611 days in filing the writ appeal. The first respondent/writ petitioner has filed an objection to the application for condonation of delay, producing a judgment of this Court in Cont.Case No.1684 of 2018.
C.M.Appl.No.1 of 2019 & W.A No.726 of 2019
order passed by the Honourable Supreme Court in S.L.P. (Civil) Diary No.13348 of 2019 wherein an application for condonation of delay of 728 days was rejected by the Honourable Supreme Court, finding that there were no details of the delay of 728 days given in the affidavit accompanying the application. It was held that “a clear signal is sent to the Government Authorities that they cannot approach the Court as and when they please, on account of gross incompetence of their officers and that too without taking any action against the concerned officers” (sic). The Honourable Supreme Court also relied on an earlier judgment reported in the Chief Post Master General v. Living Media India Ltd [(2012) 3 SCC 563]
C.M.Appl.No.1 of 2019 & W.A No.726 of 2019
-4-
stated that a copy application was filed on 22.3.2017 and the judgment received on 1.8.2017. On receipt of the judgment on 25.8.2017, there seems to have been a request made to the office of the Advocate General to furnish a copy of the writ petition, which was furnished by the Assistant Educational Officer on 17.9.2018. We do not see why the request to the office of the Advocate General was not pursued and if the writ petition was with the AEO, why steps were not taken to get the copy immediately on receipt of the judgment. Then the usual reason of forwarding the files from one office to another has been stated and eventually, it is stated that on 3.11.2018, the Advocate General's office was requested for some clarification in the matter and again the files were forwarded to the Finance Department for their remarks and eventually on 15.12.2018, the Government requested the Advocate General to take urgent steps to file
C.M.Appl.No.1 of 2019 & W.A No.726 of 2019
-5-
the writ appeal.
the State had filed an appeal against the order of the learned Single Judge before the Division Bench with a delay of 367 days, which was rejected, upon which an SLP was filed before the Honourable Supreme Court with delay of 720 days. The learned Government Pleader invited us to look at the merits of the case and pointed out that there was unexplained delay, and that too far greater than that occurred at the hands of the Government, of 12 years in approaching the Government with a representation for the
C.M.Appl.No.1 of 2019 & W.A No.726 of 2019
claim which was allowed by the learned Single Judge. We
are however not inclined to look at the merits of the case, especially, looking at the enormous and practically unexplained delay caused as also the fact that in the meanwhile to avoid contempt proceedings, the Government had conceded to the judgment, after which alone, the writ appeal has been filed.
We, hence, dismiss the delay condonation application
and as a consequence, dismiss the writ appeal.
Sd/-
K.VINOD CHANDRAN JUDGE
Sd/JUDGE
Scl/4.6.19
2 issues framed by the court
Whether the application for condonation of delay in filing the writ appeal should be allowed given the unexplained delay of over 600 days.
Whether the Government Pleader's earlier assurance of compliance with judgment affecting the writ petition merits consideration.
Colour shows how this judgement treated each authority
The Chief Post Master General v. Living Media India LtdReferred¶27
the Chief Post Master General v. Living Media India Ltd [(2012) 3 SCC 563] · Who else cites this
State of Kerala
Aleyamma.V.M
The Manager, Musloim Orphanage L.P.School
K.Vinod Chandran
V.G.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
