IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 WP(C).No. 1806 of 2010(A) ------------------------------- PETITIONER: --------------- UNION OF INDIA REPRESENTED BY CHAIRMAN, KONKAN RAILWAY CORPORATION, MUMBAI. UNION OF INDIA REPRESENTED BY GM, SOUTHERN RAILWAY, CHENNAI-3. BY MR.M.C.CHERIAN,SR.SC.,RAILWAYS. RESPONDENT: ---------------- PRADEEPAN.P.,. S/O.MUKUNDAN P.V., PRRETA NIWAS, MUZHAPPILANGAD, KANNUR - 670 662. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.1806 OF 2010 --------------------------------------- Dated this the 19th day of January, 2010. J U D G M E N T This writ petition is filed by the petitioners challenging Exhibit P4 order passed on the application filed by the respondent herein. There is long delay in raising the claim before the Railway Claims Tribunal. By Exhibit P4, the Tribunal has chosen to condone the delay of 2039 days on payment of Rs.3,000/- as cost to the 1st respondent. Aggrieved by the same, this writ petition has been filed. 2. Going by the provisions of the Railway Claims Tribunal Act, an appeal will lie only against a final order passed. It is well settled that if in such matters if the final order goes against the party, the party will be free to take up a contention against the order condoning the delay also. Therefore, if the final order goes against the petitioners, the petitioners can raise grounds against Exhibit P4 order when the W.P.(C) No.1806/2010 2 final order is under challenge by them. Reserving the right of the petitioners in that regard, this writ petition is disposed of. T.R. RAMACHANDRAN NAIR JUDGE smp