IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 7TH FEBRUARY 2011 / 18TH MAGHA 1932 WA.No. 145 of 2011 -------------------- AGAINST THE JUDGEMENT IN WPC.26644/2009 Dated 25/05/2010 .................... APPELLANTS/RESPONDENTS 1 TO 4 IN WPC: ------------------------------------------------- 1. STATE OF KERALA REP. BY THE SECRETARY, FINANCE (PRC-C) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION, THIRUVANANTHAPURAM. 4. THE ACCOUNTANT GENERAL (A & E), BRANCH OFFICE, P.B.NO.507, KARUNAKARAN NAMBIAR ROAD, THRISSUR. BY SENIOR GOVERNMENT PLEADER, SRI. BENNY GERVASIS. RESPONDENT/PETITIONER IN WPC: --------------------------------------- SHAJI.P.R, ASSISTANT ENGINEER, WATER RESOURCES DEPARTMENT, M.V.I.P. SECTION NO.III/13, KURUPPUMTHARA, MANJOOR, KOTTAYAM DISTRICT, PIN-686 603. BY ADV. SRI.N.P. SATHEESAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 145 OF 2011 and C.M. Appl. No. 90 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of February, 2011 JUDGMENT J.Chelameswar, C.J. C.M.Appl. No. 90 of 2011 is filed praying that a delay of 209 days in preferring the writ appeal against the judgment dated 25.05.2010 in W.P.(C) No.26644 of 2009 be condoned. The sole respondent is represented by Sri.K.P.Satheesan. Heard the learned Government Pleader appearing for the appellants and the learned counsel for the respondent. Accepting the reason given in the affidavit filed in support of the application, the delay is condoned. In so far as the Writ Appeal is concerned, a similar appeal wherein identical issues were considered, has already been dismissed by this Court by judgment dated 05.04.2010 in WA No.1965 of 2009. For the reasons assigned by this Court in dismissing the abovementioned writ appeal, this appeal also is dismissed at the admission stage. J.Chelameswar, Chief Justice. P.R.Ramachandra Menon, Judge. ttb