IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 WA.No. 2528 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.4500/2005 Dated 19/06/2008 .................... APPELLANTS/RESPONDENTS IN WPC: ---------------------------------------- 1. STATE OF KERALA REPRESETNED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, CIVIL STATION, THIRUVANANTHAPURAM. 3. THE SECRETARY, REVENUE DEPARTMENT (LR), SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER, SRI.SANTHESH RAJA RESPONDENT/PETITIONER IN WPC: -------------------------------------- N.MADHAVAN NAIR,EX.PARTE TROOPER NO.2550327, RESIDING AT PUSHPA VILASAM, ALTHARA MOODU (PO), VIA ALAMCODE, CHIRAYINKEEZHU, THIRUVANANTHAPURAM. BY ADV. SRI.J. JAYAKUMAR THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 2528 OF 2009 and C.M. Appl. No. 1180 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of November, 2009 JUDGMENT S.R.Bannurmath, C.J. There is an inordinate delay in filing the appeal. In support of the affidavit filed for condonation delay the explanation of the Government is that after receipt of the order of the learned Single Judge on 22.07.08, in order to implement the directions issued by the learned Single Judge, the Government directed the District Collector and Village Officers to submit necessary report and find out suitable land for assigning to the petitioner. Thereafter, suddenly Government has taken a new stand, not to assign land to the petitioner and to support it's decision, the present appeal is filed challenging the order of the learned Single Judge directing the respondents to locate and assign alternate land or the land mentioned in Ext.P4. WA No.2528 of 2009 -:2:- 2. After hearing the learned Government Pleader who appears for the appellant, it is noticed that even though as per the decision taken by the Government in Ext.P3 as long back as on 10.05.99, Government had directed the District Collector, Thiruvananthapuram to assign 50 cents of land to the disabled Ex-Service man who has lost his leg during the War. In Ext.P4 suitable lands were identified and a proposal to assign the land was sent to the Government. But, thereafter as no action was taken, the Writ Petitioner/respondent herein was forced to approach this Court in 2005 by filing the impugned writ petition and by the order dated 19.06.08, the learned Single Judge was pleased to direct the Government to assign an alternate land within a time limit. 3. Now it is contended that as the initial decision of the Government of the year 1999 was itself in correct, Government had filed a review petition which is the subject matter of another Writ Appeal. 4. A perusal of the orders passed by the Government and this Court in all these proceedings, it appears to us that the WA No.2528 of 2009 -:3:- Government and all the concerned respondents are playing cat and mice game. Government has, as long back as in the year 1999, taken a decision to help a war victim by assigning land, no proper and immediate action has been taken thereof forcing the Writ Petitioner to approach this Court and seek appropriate remedy. Even from the tenor of the affidavit filed for condonation of delay it s clear that after passing of the order by the learned Single Judge some efforts have been made to implement the order, thereby the decision of the Government in the year 1999 was not questioned at any point of time. However, presently it is stated that the Government has returned the proposal on the ground that surplus land taken over possession under the provisions of KLR Act, can be assigned only to landless agricultural labourers and as such the decision is being reviewed. It is to be noted that no records in this respect are placed before us showing the reason for the change of mind of the Government. In that view of the matter, we find that the explanation offered by the Government for condonation of delay and even on merit, there is absolutely no case for the WA No.2528 of 2009 -:4:- Government and we find that the Writ petitioner is being harassed for the whims and fancies of the respondent. Hence, we dismiss the application for condonation of delay. In view of the same, we find that the writ appeal is also devoid of merits. As such we dismiss the Writ Appeal also with cost of Rs.25,000/- (Rupees twenty five thousand only) to be paid to the respondent in four weeks. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb/vku