IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 WA.No. 972 of 2011 -------------------- AGAINST THE JUDGEMENT IN WPC.32582/2010 Dated 13/01/2011 .................... APPELLANT/PETITIONER: --------------------------- ASHIQUE.B.M, BHAYIPARAMBA, THRIKKAKARA.P.O, UNNICHIRA, ERNAKULAM. BY ADV. SRI.J.OM PRAKASH RESPONDENTS/RESPONDENTS: ---------------------------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE DIRECTOR, MINING AND GEOLOGY DEPARTMENT, KESAVADASAPURAM, THIRUVANANTHAPURAM - 4. BY SENIOR GOVT. PLEADER, SMT. K. MEERA. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 20/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 972 OF 2011 and C.M. Appl. No. 594 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of July, 2011 JUDGMENT Ramachandra Menon, J. The vehicle bearing registration No.KL-7 BJ 8183 belonging to the petitioner/appellant was taken into custody by the concerned authority on 04.01.2010 alleging illegal involvement of transportation of river sand leading to Ext.P2 order dated 20.04.2010. The petitioner simply chose to sleep on arm chair and woke up on a revolution nearly after one year and filed W.P.(C) No.32582 of 2010. 2. Observing that the cause of action had already become stale, interference was declined and the writ petition was dismissed on 26.09.2010. Subsequently, it is stated that the writ petition was got considered again on merits as well leading to the impugned verdict passed on 13.01.2011. It has been specifically taken note of by the learned Judge that the prayer of the petitioner to have the sand tested by the Geologist W.A. No. 972 of 2011 -:2:- did not merit any consideration, that too at that distance of time. It was also observed that the attempt of the petitioner was only to stall the proceedings and the prayer lacked bonafides. 3. In spite of the fact that the case was dismissed earlier, referring to the delay involved and also the subsequent turn of events leading to the verdict passed on 13.01.2011, it took nearly 144 days further for the petitioner to have approached this Court by filing the present appeal seeking to condone the said delay of 144 days in filing the appeal. The reason stated in the affidavit filed in support of the application is that after obtaining certified copy of the verdict, the matter was entrusted to the counsel on 05.02.2011; but the clerk of the counsel misplaced the same and it was found out only on 07.07.2011. 4. The reason stated for the delay is not at all satisfactory and is not acceptable to this Court. The petitioner can blame nobody else for the callous inaction or indifference resulting in the delay. We find no merit to condone the delay. W.A. No. 972 of 2011 -:3:- The application is dismissed. As a natural consequence the appeal also stands dismissed. J.Chelameswar, Chief Justice. P.R.Ramachandra Menon, Judge. ttb