IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 WA.No. 363 of 2011 ---------------------- AGAINST THE JUDGEMENT IN OP.1911/2003 Dated 25/07/2005 .................... APPELLANT/PETITIONER IN THE WRIT PETITION ----------------------------------------------------- T.SUDHARMA,W/O.LATE SREEDHARAN,AGED 57 YEARS, THIRUVONAM HOUSE,CHELLAMCODE,MUKKOLA, NEDUMANGAD PO,THIRUVANANTHAPURAM. BY ADV. SRI.RAJIT SRI.P.ANOOP (MULAVANA) RESPONDENTS/RESPONDENTS: ----------------------------------- 1. STATE OF KERALA,REP.BY THE SECRETARY TO GOVERNMENT,THIRUVANANTHAPURAM-695001. 2. TAHSILDAR, NEDUMANGAD, THIRUVANANTHAPURAM-695541 3. ASSISTANT EXCISE COMMISSIONER, THIRUVANANTHAPURAM-695001. 4. B.BHUVANACHANDRAN,ABKARI CONTRACTOR, KADAYARA,PUTHENVEEDU, PARIYARAM, VENGODE PO, NEDUMANGAD,THIRUVANANTHAPURAM-695541. 5. L.SIVARAJAN, ABKARI CONTRACTOR, JAYASREE SADANAM, MOOLAKKARA CHELPATH,KOTTUKAL, NEYYATTINKARA PO, THIRUVANANTHAPURAM-695121. 6. L.SIVAKUMAR,ABKARI CONTRACTOR, SIVASADANAM,MOOLAKKARA CHELPATH,KOTTUKAL, NEYYATTINKARA PO, THIRUVANANTHAPURAM-695121. WA NO.363 OF 2011 - 2 - 7. K.G.VINOD, ABKARI CONTRACTOR, KUNJU VEEDU,CHELANKOTTU MURI, THANNIMOODU, KOTTUKAL VILLAGE,NEYYATTINKARA PO, THIRUVANANTHAPURAM-695121. R1 TO R3 BY SR.GOVERNMENT PLEADER SRI.BENNY GERVACIS THIS WRIT APPEAL HAVING COME UP FOR ORDERS ON 22/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & Antony Dominic, J. ------------------------------------------ W.A. No. 363 of 2011 & C.M.Appln.No.214 of 2011 ------------------------------------------ Dated this the 22nd day of March, 2011 JUDGMENT J.Chelameswar, C.J. C.M.Appln.No.214 of 2011 is filed with the prayer as follows: “For the reasons stated in the accompanying affidavit it is most humbly prayed that this Hon'ble Court may be pleased to condone the delay of 2002 days in filing this writ appeal.” 2. A short affidavit is filed in a bid to explain the long delay of 2002 days in preferring the writ appeal against the judgment dated 25th July, 2005 in O.P.No.1911 of 2003. The explanation is as follows: “2. The above appeal is filed challenging the judgment dtd.25.07.2005 in O.P.No.1911/2003 of the learned Single Judge. The judgment was pronounced by this Hon'ble Court on 19.3.2009. The copy of the judgment was received on 24.3.2009. The above appeal ought to have been filed on or before 23.4.2009. I had taken the case bundle from my advocate, in order to study the same, in order to decide whether I had to prefer the appeal challenging the judgment. In the meanwhile my mother passed away. I was preoccupied with the tragedy and I was under the impression that I had entrusted the above case to my advocate for filing the appeal. W.A.No.363 of 2011 - 2 - 3. It is only when I was rearranging the household articles, I came across the above case bundle and I realized that in my preoccupation with the death of my mother, I had omitted to file the appeal. I immediately contacted my advocate and thereafter presented the above appeal. There happens to be a delay of 2002 days in filing this appeal. The delay so caused is not due to any wilful negligence or latches on my part. If the delay so caused is not condoned I will be put to irreparable injury and loss.” 3. It can be seen from the above that in substance there is no explanation for the delay in the averment made in the above extracted portion of the affidavit. If the content of the affidavit is to be accepted as valid explanation for condonation of the delay, it might as well be that the Law of Limitation be repealed. We see no reason to entertain this application and the same is dismissed. Consequently, the writ appeal stands rejected. J.Chelameswar, Chief Justice Antony Dominic, Judge vns