IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 WA.No. 1379 of 2009 ---------------------------------- AGAINST THE JUDGEMENT IN WPC.30860/2003 Dated 18/05/2005 .................... APPELLANT/1ST RESPONDENT -------------------------------------------- UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. BY ADV. SRI.S.KRISHNAMOORTHY, CGC RESPONDENTS/PETITIONER & 2ND RESPONDENT ----------------------------------------------------------------------- 1. K.SUKUMARAN, MARTHAYIL VELIKKARA, PUTHEN VEEDU, ERAPPUKUZHI, KUDAPPANAKKUNNU P.O., THIRUVANANTHAPURAM DIST. 2. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV.SRI.PIRAPPANCODE V.S.SUDHEER R2 BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 21/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1379 OF 2009 AND C.M. Appl. No.636 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of October, 2009 JUDGMENT Basheer, J. This Writ Appeal has been filed with a petition to condone the delay of 1464 days. In the affidavit filed in support of the application for condonation of delay it is averred that the inordinate delay has occurred, since certain clarifications sought from the Departments concerned were obtained very belatedly. In our view, the reasons stated by the deponent are totally unsatisfactory. 2. Further, it is submitted by the learned counsel that the view taken by the learned Single Judge in the impugned judgment is quite contrary to the two decisions rendered by the Division Bench of this Court in Sainaba v. Union of India[2006(1) KLT 655] and also in Pauly v. State of Kerala[2008(1) KLT 933]. 3. It is also brought to our notice that respondent No.1 WA No.1379 of 2009 and IA No. 636 of 2009 -:2:- herein has preferred another Writ Petition, WP(C)No.21669 of 2007. In that view of the matter, we do not find any reason to allow this petition to condone the inordinate delay of 1464 days. Therefore, the petition for condonation of delay is dismissed. Consequently, the Writ Appeal is also dismissed. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb WA No.1379 of 2009 and IA No. 636 of 2009 -:3:-