IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 WA.No. 2638 of 2007() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.19642/2007 Dated 27/06/2007 .................... APPELLANT(S): RESPONDENT: ------------------------- 1. THE KERALA STATE HOUSING BOARD, REPRESENTED BY TE SECRETARY, THIRUVANANTHAPURAM. 2. COMPETENT AUTHORITY, OFFICE OF THE COMPETENT AUTHORITY, THIRUVANANTHAPURAM HOUSING UNIT, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM. BY ADV. POOVAPPALLY M.RAMACHANDRAN NAIR,SC.KSHB RESPONDENT(S): PETITIONER: -------------------------- M.GOPINATHA PILLAI, SHOP NO.1, SANTHI NAGAR, SHOPPING COMPLEX, THIRUVANANTHAPURAM-1. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- W. A. No. 2638 OF 2007 & C.M.Appln. 1203 of 2007 -------------------------------------------- Dated this the 20th day of November, 2009 JUDGMENT Ramachandran Nair, J. Appeal remains defective for the reason that respondent is not served notice. When the matter came up in the defect list, we have gone through the judgment under appeal. We notice that the Board can have no grievance in the matter because the direction of this Court was only to consider the application for One Time Settlement presented by the petitioner in the W.P.C. The judgment was issued on 27.6.2007 and if the Board was earnest they would have disposed of the application either allowing it or rejecting it if petitioner's request is not acceptable. We are of the view that the the appeal is one filed without any bona fides and the only purpose it serves is to help the other party to protract the matter. Appeal is also filed with a delay of 2 78 days. Consequently we dismiss the Delay condonation petition as well as the Writ Appeal. (C.N.RAMACHANDRAN NAIR) Judge. (V.K. MOHANAN) Judge. kk 3