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 THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 WA.No. 485 of 2006 -------------------- AGAINST THE JUDGEMENT IN OP.19999/1995 Dated 17/11/2003 .................... APPELLANTS/RESPONDENTS IN OP: --------------------------------------- 1. K.S.E.BOARD, REP. BY ITS SECRETARY, VAIDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF PERSONNEL OFFICER, K.S.E.BOARD, VAIDHYUTHI BHAVAN, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER (GENERAL), (ELECTRICAL) KSE BOARD, VAIDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 4. THE DEPUTY CHIEF ENGINEER, GENERATION CIRCLE, K S E BOARD, MEENGHAT, CHITHIRAPURAM. BY ADV. SRI.P.SANTHALINGAM, SC, KSEB RESPONDENT/PETITIONER IN OP: ------------------------------------- T.K.VIJAYAN, TURNER GRADE I (HG), PANNIYAR GENERATION SUB DIVISION, K S E BOARD, VELLATHUVAL. ADV. SRI.V.V.SIDHARATHAN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, CJ. & P.N.Ravindran, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 485 OF 2006 and C.M. Appl. No.494 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of July, 2010 JUDGMENT J.Chelameswar, CJ. C.M. Appl. No.494 OF 2006 is filed with the prayer as follows: “For the reasons stated in the accompanying affidavit, it is most humbly prayed that this Hon'ble Court may be pleased to condone the delay of 695 days in filing the writ appeal.” 2. The affidavit filed in support of the said application is unreasonably cryptic. Apart from the formal part of the affidavit, the content of the affidavit is to be found in paragraph 2 of the affidavit which reads as follows: “2. This Hon'ble Court by judgment dated 17.11.2003 has directed to take appropriate action within a period of 3 months from the date of production of copy of the judgment received by the respondent in the office on immediately. Thereafter further particulars call for from the office of Deputy Chief Engineer, Chithirapuram. After following this particulars the files were taken before the petitioners 1 and 3 and thereafter before the Board, in order to place the entire facts WA No.485 OF 2006 and C.M. Appl. No.494 OF 2006 -:2:- before this Hon'ble Court. It is submitted that there is a delay of 695 days in filing the writ petition. The delay was caused due to the aforesaid circumstances and not due to any laches or negligence on the part of the writ appeal.” We are of the opinion that the above extracted portion of the affidavit can and no stretch of imagination be described to be an explanation for the delay in filing the appeal. In the circumstances, the application is dismissed. Consequently, the appeal stands rejected. J.Chelameswar, Chief Justice. P.N.Ravindran, Judge. ttb WA No.485 OF 2006 and C.M. Appl. No.494 OF 2006 -:3:-