IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 MFA.No. 35 of 2004() -------------------- OA.17/2001 of FOREST TRIBUNAL, KOZHIKODE .................... APPELLANT(S): APPLICANT: ------------------------ K. AYYAPPAN, S/O. KORANKUTTY, KOTTAPPALLY AMSOM, KUNNAMBATTA DESOM, VYTHIRI TALUK, WAYANAD DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): RESPONDENT: -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARY, TRIVANDRUM. 2. THE CUSTODIAN OF VESTED FORESTS, OLAVAKKODE, PALAKKAD. 3. FOREST RANGE OFFICER, MEPPADI, WAYANAD DISTRICT. BY SPECIAL GOVT.PLEADER SRI.M.P.PRAKASH,. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 17/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K. Basheer & P.Q. Barkath Ali, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - MFA (Forest) No.35 of 2004 & C.M.Appln.No.533 of 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of May, 2010 Judgment Basheer, J: This application filed under section 5 of the Limitation Act to condone the delay of 162 days in filing the appeal was preferred way back on January 24, 2004 along with the appeal. Though notice was ordered on the delay petition on April 1, 2004 appellant/petitioner has not paid process so far. Though petition was posted before the Registry and the learned counsel was requested to cure the defect on more than one occasion, no steps have been taken so far to pay the process. On November 25, 2004 the appeal was posted before the Registry noticing the defect, and that too after giving notice to the counsel, but steps were not taken. Today after a lapse of about 6 years when the petition is posted in the defect list a request is made by learned counsel for the petitioner/appellant to grant two day's time to cure the defect. We do not find any reason to grant such a request on the face of the indifference shown by the appellant. Therefore the delay petition is dismissed. Consequently the appeal is also dismissed. A.K. Basheer Judge. P.Q. Barkath Ali Judge. an.