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 MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 WA.No. 1141 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN OP.24267/2001 .................... APPELLANT(S): PETITIONER ------------------------ K.G.RADHAKRISHNAN, AIROOVADAKKETHIL VEEDU, THAZHATHUVADAKKU P.O., (VIA) ENATHU, KOLLAM DISTRICT. BY ADV. SRI.JOHN JOSEPH(ROY) RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL (AUDIT), KERALA BRANCH, THRISSUR-680 020. 3. SENIOR AUDIT OFFICER, ACCOUNTANT GENERAL OFFICE, THRISSUR-680 020. 4. THE ACCOUNTS OFFICER, OFFICE OF THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BENNY GERVASIS. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 12/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.CHELAMESWAR, C.J. & P.N.RAVINDRAN, J. ----------------------------------------- W.A.No.1141 of 2010 & C.M.Appln. No.557 of 2010 ----------------------------------------- Dated this the 12th day of July, 2010 JUDGMENT J.Chelameswar,C. J. C.M.Appln. No.557 of 2010 is an application filed with the prayer to condone the delay of 133 days in filing the appeal against the judgment in O.P.No.24267 of 2001 dated 20-11-2009. It appears from the affidavit filed in support of the application that a copy of the application for the above mentioned judgment was made on 2.12.2009 and the copy was delivered on 17-12-2009 by the registry. The explanation for the delayed presentation of the appeal is as follows:- “3. It is respectfully submitted that I was very much aggrieved by the said judgment and I have decided to file appeal and entrusted the judgment to a Counsel for legal advice. The said judgment was misplaced from the office of the said Counsel and ultimately located in the 1st week of May 2010 during the summer vacation while arranging the files in the office. 4. Ultimately I could instruct my counsel at Ernakulam only in the 2nd week of May 2010 to file the appeal and by the time there is a delay of 133 days in filing this Writ Appeal.” Except the bare allegation that the judgment copy was misplaced in W.A.No.1141 of 2010 & C.M.Appln. No.557 of 2010 : 2 : the office of the counsel no further explanation as to when it was misplaced. At any rate nothing prevented the appellant from making another application for the issuance of a certified copy once it is found that the original certified copy was misplaced in the office of the counsel. Such a course would have atleast minimised the delay in presenting the instant appeal. In the circumstances we are not satisfied with the explanation given for the delayed approach to this Court. The application is therefore, dismissed. Consequently the writ appeal is also dismissed. J.CHELAMESWAR, Chief Justice P.N.RAVINDRAN, Judge. ahg. J.CHELAMESWAR, C.J. & P.N.RAVINDRAN, J. --------------------------- W.A.No.1141 of 2010 & C.M.Appln. No.557 of 2010 ---------------------------- JUDGMENT 12th July, 2010