IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 WA.No. 48 of 2008() --------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.11478/2005 Dated 30/08/2005 .................... APPELLANT: RESPONDENTS IN WP(C): ------------------- 1. ASSISTANT EXCISE COMMISSIONER, KOTTAYAM DIVISION, KOTTAYAM. 2. CIRCLE INSPECTOR OF EXCISE, PALA, KOTTAYAM DISTRICT. 3. THE SPECIAL TAHSILDAR, REVENUE RECOVERY, ALUVA. BY GOVERNMENT PLEADER SMT.K.MEERA (SR) PUBLIC PROSECUTOR SRI.R.REGHU KOTTAPPURAM. RESPONDENTS: PETITIONERS IN WP(C): -------------------------- ULLAS, S/O. BHASKARAN, AMBALATHARAYIL, MULANKUZHY P.O., ILLITHODE, ERNAKULAM DISTRICT. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 14/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss J.B.KOSHY & K.T.SANKARAN, JJ. ------------------------------------------- C.M.Appl.No.23 of 2008 and W.A.No.48 of 2008 ------------------------------------------- Dated 14th January, 2008 JUDGMENT Koshy,J . C.M.Appl.No.23 of 2008 is a petition to condone the delay of 820 days in filing the appeal. The judgment was pronounced by the learned Single Judge exercising discretionary jurisdiction. The long delay is not explained in the affidavit filed in support of the delay condonation petition. The reason stated is that the learned single Judge stated that if the amount is paid by 30.9.2005, the petitioner will get reduction in payment of interest. The appeal was filed because the appellants came to know that payment has been made on 30.9.2005 itself. That is not a ground for condoning the long delay. It is also submitted by the respondent that payment also has been made in compliance with the judgment. In any event, there is no ground for condoning the long delay. Hence, both delay condonation petition as well as the appeal are dismissed. J.B.KOSHY JUDGE K.T.SANKARAN JUDGE tks