IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 WA.No. 470 of 2007 -------------------- AGAINST THE JUDGEMENT IN OP.13283/1995 Dated 03/06/2003 .................... APPELLANTS: RESPONDENTS IN THE OP --------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FORESTS, SECRETARIAT, TRIVANDURM. 2. THE CONSRVATOR OF FORESTS, QUILON. 3. THE DIVISIONAL FOREST OFFICER, ACHANCOVIL P.O., QUILON DISTRICT. BY SENIOR GOVERNMENT PLEADER, SMT.K. MEERA. RESPONDENT: PETITIONER IN THE OP -------------------------------------------------------- P.A.JOHNY, PARAPILLY HOUSE, MALAYATTOOR. ADV. SRI.DEVAN RAMACHANDRAN FOR R THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 01/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 470 OF 2007 and C.M.Appln. No. 277 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of December, 2008 JUDGMENT A.K.BASHEER, J. This application under Section 5 of the limitation Act, is filed by the appellant to condone the delay of 1322 days in filing the writ appeal. (2) It is the admitted position that the impugned judgment was pronounced on June 3, 2003. Admittedly application for certified copy of the judgment was filed only on August 21, 2004. Copy was delivered on August 25, 2004. It is averred in the affidavit that, the certified copy of the judgment was received in the office of the Divisional Forest Officer on January 17, 2005. The officer was under the bonafide belief that the direction in the judgment was only to dispose of the representation filed by the writ petitioner. It was thereafter the Government perused the judgment in detail and on checking of the observation in the judgment, it was revealed that, there was serious impediments in the judgment. According to the deponent, immediate steps were taken thereafter to file an appeal and the judgment was forwarded to the Advocate General's office on October 16, 2006. WA No. 470 of 2007 -:2:- (3) We have carefully perused the averments in the affidavit. We are not satisfied with the explanation offered by the deponent in the application. As mentioned earlier, the judgment is of the year 2003. Admittedly, copy of the judgment was obtained in August 2004, though it was allegedly received in the office of the DFO only in 2005. But the appeal is filed only on February 19, 2007 with a delay of 1322 days. But the appeal is filed only on February 19, 2007 with a delay of 1322 days. No explanation has been offered as to how and why the above delay occurred. In our view the appellants are apparently guilty of lethargy and laches. Therefore, the application for condonation of delay is dismissed. Consequently the Writ Appeal is also dismissed. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE ttb WA No. 470 of 2007 -:3:-