IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 WA.No. 2762 of 2009 -------------------------- AGAINST THE JUDGEMENT IN WPC.28206/2009 Dated 08/10/2009 .................... APPELLANT/PETITIONER IN WPC: ------------------------------------------------- NEELANKOL CHANDRAN, PROPRIETOR, KAMALA OIL AND FLOUR MILL, MANGAD, KANNUR DISTRICT. BY ADV. SRI.N.NAGARESH SRI.K.BABU SRI.T.V.VINU RESPONDENTS/RESPONDENTS IN WPC: --------------------------------------------------------- 1. SECRETARY, KALLIASSERI GRAMA PANCHAYATH, P.O.KALLIASSERI. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY FOR LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 2762 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of December, 2009 JUDGMENT S.R.Bannurmath, C.J. Aggrieved by the rejection of the Writ Petition only on the ground of delay and laches, the present appeal is filed. 2. Before the learned Single Judge, petitioner had challenged Ext.P10 order dated 04.05.06. It is to be noted that consequent to Ext.P10 order passed by Government, Panchayat had passed Ext.P9 order. Petitioner had challenged the said order before the Panchayat Committee by filing an appeal as well as the Munsiff Court, Thaliparamba by filing OS No.365 of 2006 which came to be dismissed and thereafter the present Writ Petition was filed. 3. Noting the delay and laches on the part of the petitioner in approaching this Court under Article 226 of the Constitution, after a lapse of almost three years, in our view, the learned Single Judge was justified in rejecting the WA No.2762 of 2009 -:2:- Writ Petition. We find no merit in the Writ Appeal. Hence it is rejected. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb