IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 21ST MAY 2008 / 31ST VAISAKHA 1930 RSA.No. 832 of 2007(G) -------------------------------------- AS.47/2001 of ADDL. DISTRICT COURT, PATHANAMTHITTA OS.106/1999 of SUB COURT, THIRUVALLA .................... APPELLANTS/APPELLNATS/DEFENDANTS: 1. STATAE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, PATHANAMTHITTA. 2. THE EXECUTIVE ENGINEER, P.W.D. DIVISION, PATHANAMTHITTA. 3. THE ASSISTANT EXECUTIVE ENGINEER, P.W.D. ROADS SUB DIVISION, THIRUVALLA. BY GOVERNMENT PLEADER SRI.L.G.SURESH BABU RESPONDENT/RESPONDENT/PLAINTIFF: VARGHESE THOMAS, S/O. LATE A.V.THOMAS, ADAPPANAM, KANDATHIL, EBENEZAR HOUSE, THATTAKATTU MURI, KOIPURAM VILLAGE. BY ADV. SRI.SATHISH NINAN FOR R1 SRI.SANTHOSH MATHEW FOR R1 THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 21/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.Balachandran, J. --------------------------- C.M.Appl.No.594 of 2007 & R.S.A.No.832 of 2007 --------------------------- JUDGMENT This is an application for condonation of delay of as much as 539 days in filing the appeal. In the affidavit filed in support of the application for condonation of delay, sworn to by the Assistant Executive Engineer, PWD Roads Sub Division, Thiruvalla, the averments are that the judgment in A.S.No.47/01 was pronounced by the first appellate court on 24.11.2005; that application for certified copy was submitted on 12.12.2006; that copy was ready on 21.12.2006; that legal opinion of the Additional Government Pleader was obtained and was forwarded to the Executive Engineer on 26.3.2007 and to the Advocate General on 9.4.2007 by the Executive Engineer and on account of heavy work load, the Government Pleader, who was entrusted with the work of filing the appeal on 13.4.2007, RSA 832/07 2 could file the appeal only on 24.9.2007 and it is, thus, that there is a delay of 539 days in filing the appeal. 2. After making the above averments, the deponent does not feel any delicacy in submitting that there is no wilful laches on the part of the appellant in filing the appeal in time. According to him, the delay in filing the appeal has occurred due to administrative reasons for examining the scope for filing this appeal and the delay has to be condoned. 3. It is worthy to note that the appeal was disposed of on 24.11.2005 and the copy application was made only after more than one year on 12.12.2006. There is absolutely no explanation why the delay of more than one year has occurred, if it be not on account of the irresponsible manner in which the case was being dealt with by the appellant. Further, legal opinion of the Additional Government Pleader was obtained only on 26.3.2007, RSA 832/07 3 despite the fact that copy was ready on 21.12.2006. Thus, more than three months time have elapsed without any justifiable reason. Though the file entrusted with the Advocate General on 9.4.2007 was handed over to the Government Pleader on 13.4.2007 to file appeal, the appeal was filed only on 24.9.2007, after more than five months and the averments are to the effect that there was heavy work load for the Government Pleader. In fact, the work load will be diminished if matters are dealt with in this fashion. No convincing explanation is offered for the delay of more than one year in applying for copy of the judgment of the first appellate court; for taking more than three months time for obtaining the legal opinion from the Government Pleader in the court below and for preparing and filing this appeal, after five months of the case file having been with the Government Pleader in this Court. I am not of the view that the delay caused in such an irresponsible manner at RSA 832/07 4 various levels can be condoned. There is no just and sufficient reasons to condone the delay of as much as 539 days in filing this appeal. In the result, I refuse to condone the delay of 539 days in filing this appeal and dismiss this application. Consequently, the appeal also stands dismissed. 21st May, 2008 (K.P.Balachandran, Judge) tkv