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 FRIDAY, THE 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932 WA.No. 1915 of 2010 --------------------- AGAINST THE JUDGEMENT IN OP.4505/2000 Dated 07/12/2001 AND ORDER IN RP NO.740/2010 IN OP.4505/2000 Dated 17/09/2010 .................... APPELLANT/PETITIONER: --------------------------- VIJAYAKUMAR R., EXCISE GUARD, PRESENTLY WORKING AS PREVENTIVE OFFICER, E1 & IB, PATHANAMTHITTA-695 130. BY ADV. SRI.O.V.RADHAKRISHNAN, SENIOR ADVOCATE SMT.K.RADHAMANI AMMA SRI.K.RAMACHANDRAN (THYKOODAM) SRI.GENS GEORGE ELAVINAMANNIL RESPONDENTS/RESPONDENTS: ---------------------------------- 1. EXCISE INSPECTOR, EXCISE RANGE OFFICE, KONNY-689 691. 2. ASSISTANT EXCISE COMMISSIONER, EXCISE DIVISION OFFICE, PATHANAMTHITTA-689 645. 3. COMMISSIONER OF EXCISE, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001. 4. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001. BY SENIOR GOVT. PLEADER, SRI. BENNY GERVASIS. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1915 OF 2010 and C.M.Appl. No.943 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of November, 2010 JUDGMENT J.Chelameswar, C.J. C.M.Appl. No.943 of 2010 is filed with the prayer as follows: “For the reasons stated in the accompanying affidavit, it is humbly prayed that this Hon'ble Court may be pleased to condone the delay of 3201 days in preferring the Writ Appeal.” 2. It is obvious from the prayer that there is a delay of almost a decade in preferring the appeal against the judgment in O.P. No.4505 of 2000 dated 07.12.2001. The only explanation sought to be given (if at all it can be called as an explanation) is that pursuant to the abovementioned judgment, certain benefits which were granted under Exts.P6 to P9 referred to in the impugned judgment would be recalled by the respondents and only in first week of March 2010, the petitioner came to know that the respondents did not so WA No. 1915 of 2010 -:2:- recall the benefits given under Exts.P6 to P9 to the other members in service. Petitioner does not explain as to how he came to know about such information in the first week of March, 2010 and how he was denied the access of such information for the last one decade. In the circumstances, we are of the opinion that no reasonable explanation is offered to condone the delay. The application is rejected. Consequently the appeal is dismissed. J.Chelameswar, Chief Justice. P.R.Ramachandra Menon, Judge. ttb WA No. 1915 of 2010 -:3:-