IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 9TH NOVEMBER 2010 / 18TH KARTHIKA 1932 RP.No. 987 of 2010() -------------------- AGAINST THE JUDGEMENT IN WA.2933/2007 Dated 07/08/2008 .................... REVIEW PETITIONER(S): IST RESPONDENT ------------------------------------ N.ABDUL AZEEZ, AGED 52 YEARS, S/O.N.MUHAMMED, LAVANYA TOURS AND TRAVELS, DOWN HILL, MALAPPURAM. BY ADV. SRI.SAJEEV KUMAR K.GOPAL SMT.AMBIKA RADHAKRISHNAN RESPONDENT(S): APPELLANTS 1 TO 5 & 2ND RESPONDENT ------------------------------------------------- 1. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM - 676 505. 2. THE DEPUTY TRANSPORT COMMISSIONER, CENTRAL ZONE - 1, THRISSUR - 680 001. 3. THE TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM - 695 023. 4. THE VILLAGE OFFICER, MALAPPURAM - 676 505. 5. THE TAHSILDAR, REVENUE RECOVERY, MANJERI, MALAPPURAM DISTRICT, PIN - 676 121. 6. THE DISTRICT TOURISM PROMOTION COUNCIL, MALAPPURAM - 676 505. BY GOVT. PLEADER SRI.T.B.RAMANI THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 09/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - C.M.Appln. No.169 of 2010 & Review Petition No.987 of 2010 in W.A.No.2933 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of November, 2010 JUDGMENT Basheer, J. The prayer in this application filed under Section 5 of the Limitation Act is to condone the delay of 760 days in filing the review petition. 2. The judgment which is sought to be reviewed was rendered by the Division Bench way back on August 7, 2008. But the review petition has been filed only on October 13, 2010 with a delay of 760 days. 3. According to the petitioner, he was laid up due to back pain related to some “disc problem”. He was undergoing Ayurvedic treatment for the above disease. He became fit to undertake travel only now. We are not at all satisfied with the so called explanation offered by the petitioner. 4. It is further revealed from the affidavit that the R.P.No.987/2010 2 petitioner/appellant had challenged the judgment of the Division Bench before the Apex Court and his Special Leave Petition was dismissed. Thereafter, he had filed a review petition also before the Apex Court. It also met with the same fate. The present review petition has been filed admittedly after his attempt to get relief from the Supreme Court had failed. In any view of the matter, we are not at all satisfied with the explanation offered for condonation of delay. Therefore, the delay petition is dismissed. Consequently, the review petition is also dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. R.P.No.987/2010 2