IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932 WA.No. 1095 of 2010 ----------------------- AGAINST THE JUDGEMENT IN WPC.5095/2010 Dated 17/02/2010 .................... APPELLANT/PETITIONER -------------------------- MARANCHERRY GRAMA PANCHAYATH, REPRESENTED BY THE SECRETARY, MARANCHERRY, MALAPPURAM DISTRICT. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENT/RESPONDENT ------------------------------- K.M.SUBHASH, S/O.UNNIKRISHNA MENON, RESIDING AT C 12,4TH FLOOR, PENTIUM GARDENS, RAJEEV NAGAR, KOZHIKODE. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.N.Ravindran, J. ------------------------------------------ W.A.No.1095 of 2010 ------------------------------------------ Dated this the 6th day of July, 2010 JUDGMENT J.Chelameswar, C.J. Aggrieved by the judgment dated 17th February, 2010 in W.P.(C) No.5095 of 2010, the unsuccessful petitioner Grama Panchayat preferred the instant writ appeal. 2. By the order under appeal, a learned Judge of this Court dismissed the writ petition on the ground that it is barred by laches. The order impugned in the writ petition is dated 29th August, 2008. The writ petition came to be filed on 16th February, 2010. No explanation for such inordinate delay is offered in the writ petition except stating that all the relevant files were submitted before the Tribunal for Local Self Government Institutions at the time of hearing of the matter and therefore necessary papers were not available with the appellant herein for preferring the writ petition in time as the files were not returned by the Tribunal. Irrespective of W.A. No.1095 of 2010 - 2 - the fact that the Tribunal had a legal duty to return the files without an application to that effect, if the appellant is of the opinion that the files are required for challenging the order of the Tribunal, the appellant ought to have taken appropriate steps for securing return of the files submitted by the appellant. Nothing is mentioned either in the writ petition or in the memorandum of writ appeal to demonstrate that such steps were taken by the appellant. In the circumstances, we do not see any reason to interfere with the order under appeal. Writ appeal is dismissed at the admission stage. J.Chelameswar, Chief Justice P.N.Ravindran, Judge vns