IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 WP(C).No. 20064 of 2011(G) -------------------------- PETITIONER(S): ----------------- K.M.THAJMAL HUSSAIN, S/O.K.M.ABDUL SALAM HAJI, KOORIMANNIL MELEMANNIL HOUSE, PERIMBALAM, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): ------------------- 1. THE LAND REVENUE COMMISSIONER PUBLIC OFFICE BUILDING, TRIVANDRUM, PIN-695001. 2. THE DISTRICT MAGISTRATE/DISTRICT COLLECTOR, MALAPPURAM, PIN-676505. BY GOVT. PLEADER SMT.M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MM WP(C)NO.20064/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER OF THE 2nd RESPONDENT DATED, 4-1-2010, WHICH WAS RECEIVED BY THE PETITIONER ON 30-1-2010 P2 COPY OF THE JUDGMENT DATED, 22-3-2010 IN WP(C) NO.8226/2010 OF THIS HON'BLE COURT. P3 COPY OF THE AFFIDAVIT FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED, 4-11-2010. P4 COPY OF THE PETITION FOR CONDONATION OF THE DELAY, FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED, 4-11-2010. P5 COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 1st RESPONDENT DATED, 29-9-2010. P6 COPY OF THE ORDER OF THE FIRST RESPONDENT DATED, 18-6-2011 AS NO.L.R.A5/43013/2010. RESPONDENT'S EXHIBITS NIL TRUE COPY P.A. TO JUDGE MM ANTONY DOMINIC, J ....................................................... W.P.(C).20064/2011 .............................................. Dated this the 26th day of September, 2011 JUDGMENT Ext.P6 order passed by the first respondent is under challenge in this writ petition. 2. Petitioner had an Arms licence the renewal of which was rejected by Ext.P1 order. That order was challenged before this Court resulting in Ext.P2 judgment relegating the petitioner to file statutory appeal before the first respondent within two weeks. Petitioner submits that he filed an appeal by registered post, which, on enquiry, was found not received by the first respondent. There upon, he filed Ext.P5 appeal dated 29.9.2010 which is stated to have been returned as defective for delay. Exts.P3 and P4 were filed thereafter, for condonation of delay and these affidavits are dated 4.11.2010. In paragraph 2 of Ext.P3, it is stated thus:- “The appellant was not heard before the order was passed by the Honourable District Magistrate, Malappuram and the appellant approached the Honourable Court of Kerala and as per order in W.P.(C).8226 of 2010, the W.P.(C).20064/11 2 Honourable High Court of Kerala was pleased to direct the appellant to file an appeal before this Honourable Land Revenue Commissioner within two weeks from the date of order ie, 22.3.2010. Thereafter the appellant had sent by registered post, an appeal along with original order, but the same was not seen received in the office. Thereafter, the appellant was constrained to file another appeal on 29.9.2010 which was returned for defects. The delay in not filing the appeal in time was not intentional or deliberate. If the delay of 212 days in filing appeal is not condoned, it will cause irreparable loss and damage to me.” 3 However, by Ext.P6 order passed by the first respondent on 18.6.2011, the appeal was rejected mainly stating that inspite of the directions contained in Ext.P2 judgment dated 22.3.2010 directing that the appeal be filed within two weeks, the appeal was filed with a delay of 160 days. 4. Since the allegations in paragraph 2 of Ext.P3 affidavit filed by the petitioner for condonation of delay are not substantiated in any manner, this Court passed an order dated 22.7.2011 requiring W.P.(C).20064/11 3 the petitioner to produce materials to substantiate the aforesaid averments. When the matter again came up for orders on 1.8.2011, learned counsel for the petitioner sought time which was repeated again on 17.8.2011 and 23.9.2011. It is thereafter that the matter is coming up today. Even today, petitioner has not complied with the order dated 22.7.2011 which means the inordinate delay in filing the appeal, stands unsubstantiated. In such circumstances, the writ petition merits only dismissal and I do so. ANTONY DOMINIC, Judge mrcs