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 TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 WA.No. 133 of 2009() -------------------- {IN OP.16248/1997 OF THIS COURT} .................... APPELLANT(S): 3RD RESPONDENT -------------------------------------------------------- CORPORATION OF COCHIN, REPRESENTED BY THE SECRETARY, CORPORATION OFFICE, COCHIN. BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENT(S): PETITIONERS/RESPONDENTS 1,2,4 & 5 -------------------------------------------------------------------------------------------- 1. A.M.MOHAMMED ALI, RESIDING AT ALINGAPARAMBIL HOUSE, C.P.UMMER ROAD, PULLEPPADY, ERNAKULAM, COCHIN-35. 2. A.M.MAMMU, -DO- -DO- 3. A.M.AYSHAMMA, -DO- -DO- 4. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT, GOVT.SECRETARIAT, TRIVANDRUM. 5. THE DISTRICT COLLECTOR, ERNAKULAM. 6. THE TOWN PLANNING OFFICER, ERNAKULAM. WA.No. 133 of 2009 :: 2 :: 7. THE SPECIAL TAHSILDAR(LA), COCHIN CORPORATION, ERNAKULAM. R1 & R2 BY ADV. SRI.P.B.KRISHNAN R4 TO R7 BY GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 03/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY, Ag.C.J. & V.GIRI, J. ------------------------- C.M.Application No.73 of 2009 & W.A.No.133 of 2009 ------------------------- Dated this the 3rd day of February, 2009. JUDGMENT Koshy, Ag.C.J. C.M.Application No.73 of 2009 is a petition to condone the long delay of 2289 days in filing the writ appeal. The judgment in the writ petition was pronounced on 17.7.2002. Certified copy was applied only on 03.11.2008. Absolutely no valid grounds are offered for the filing of such a delayed appeal. One of the reasons stated is that the writ petitioners were directed to produce an accurate and correct sketch and till the filing of the writ appeal, no sketch was produced by the writ petitioners. According to the petitioners, a sketch was already produced. The Corporation can also get the land surveyed and if, according to the Corporation, the sketch produced by the writ petitioners was not legible, the Corporation could have got a sketch prepared from the department. In any event, no valid grounds are given for condoning the delay of 2289 days in filing the appeal. Only when W.A.No.133 of 2009 :: 2 :: the Contempt of Court Case is filed, as a disguise, this appeal is filed. We see no reason to condone the delay. C.M.Application No.73 of 2009 is accordingly dismissed. 2. It is now reported that the 3rd respondent has died. But since there is no dispute between the 3rd respondent and other contesting respondents, she is not a necessary party and hence there is no necessity to implead her legal representatives in this appeal. Consequently, the appeal is also dismissed. Sd/- (J.B. KOSHY) ACTING CHIEF JUSTICE Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge