IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 W.P(C).No. 19791 of 2008(F) --------------------------------- PETITIONER: -------------- P.P. ABDUL SALAM, S/O.MUHAMMED HAJI, PROPRIETOR, M/S. AJULAL METALS, PALLIYALIL PEEDIKAYEKAL, KARLAYIL HOUSE, MELMURI, MALAPPURAM DT. BY ADV. SRI.SAJU.S.A RESPONDENTS: ----------------- 1. MALAPPURAM MUNICIPALITY, REP. BY ITS SECRETARY, MALAPPURAM. 2. THE SECRETARY, MALAPPURAM MUNICIPALITY, MALAPPURAM. BY ADV. SRI. BABU S. NAIR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 19791 OF 2008 F ==================== Dated this the 24th day of July, 2008 J U D G M E N T The challenge in this writ petition is against Ext.P2. Ext.P2 is an order passed by the Tribunal for Local Self Government Institutions rejecting the appeal filed by the petitioner against Ext.P1 on the ground that it was barred by limitation. Ext.P1 order is dated 16/3/2007 and the appeal memorandum itself is dated 23/2/2008. Therefore, on the face of it, there is inordinate delay. 2. Learned Counsel tells me that the order was served on 24/1/2008 and therefore, there is no delay. I am not in a position to accept this contention for the reason that in para 4 of the writ petition, petitioner himself has stated that on receipt of Ext.P1, petitioner filed an application before the Minister for Local Self Government. This representation was filed by the petitioner on 21/3/2007. If that be so, the averment that the petitioner was served Ext.P1 order only on 24/1/2008 is factually erroneous. 3. Since the power of condonation of delay in terms of the Tribunal Rules is for a maximum period of one month, the Tribunal cannot WPC 19791/08 :2 : be faulted for the view it has taken in Ext.P2. That apart, in view of the inordinate delay in this matter, I do not think this court will also be justified in directing consideration of the matter on merits. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp