IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 WP(C).No. 18258 of 2008(W) -------------------------- AS.353/2006 of II ADDL. DISTRICT COURT, TRIVANDRUM .................... PETITIONER: ------------ K.MADHU, S/O.APPU ASARI KRISHNA VILASOM, SASTHAMKONAM, CHERUVAKKAL VILLAGE, SREEKARYAM P.O. THIRUVANANTHAPURAM. BY ADV. SRI.M.BALAGOVINDAN SRI.M.R.SASITH RESPONDENTS: ------------- GANGADHARAN NAIR, S/O.LATE PADMANABHA PILLAI THOPPIL HOUSE, PUTHUPPALLI LANE, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM - 11. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.18258 of 2008 ------------------------------- Dated this the 18th June, 2008. J U D G M E N T Petitioner is the appellant in A.S.No.353 of 2006, on the file of the Additional District Court, Thiruvananthapuram. Appeal was filed along with I.A.No.3217/2006, a petition under Section 5 of the Limitation Act, to condone the delay of 1216 days in filing the appeal. Under Ext.P7 order, learned Additional District Judge allowed the application on terms. This petition is filed under Article 227 of the Constitution of India challenging the condition imposed by the learned Additional District Judge. 2. The learned counsel appearing for the petitioner was heard. The argument of the learned counsel is that learned Additional District Judge did not properly appreciate the cause for the delay and has penalised the petitioner by directing him to pay a cost of Rs.10,000/= which is excessive and unreasonable, and, therefore, learned Additional District Judge may be directed to re-hear W.P.(C) No.18258/2008 2 I.A.No.3217/2006, and pass appropriate orders, in accordance with law. On hearing the learned counsel for the petitioner, I do not find any reason to interfere with Ext.P7 order. Under the said order, Additional District Judge has condoned the delay of 1216 days and compensated respondent by awarding a cost of Rs.10,000/=. If the grievance of the petitioner is with regard to the quantum of cost awarded, petitioner is at liberty to file a petition to review the cost portion of Ext.P7 order before the Additional District Court, Thiruvananthapuram. If such an application is filed, Additional District Judge to pass appropriate orders, in accordance with law, without any delay, at any rate, within two weeks from the date of filing of the petition. Petitioner is granted liberty to file the review petition within five days from today. M.SASIDHARAN NAMBIAR, JUDGE nj.