IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 WA.No. 2058 of 2008 ---------------------------- AGAINST THE JUDGEMENT IN OP.16654/1999 Dated 11/11/2005 .................... APPELLANTS/RESPONDENTS: ------------------------------------------ 1. KERALA STATE ELECTRICITY B OARD, REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, KUTHIATHODE. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENT/PETITIONER: --------------------------------------- T.K.SABITHA, PROPRIETOR, ANAND EXPORTS, CHANDIROOR.P.O., AROOR VILLAGE, CHERTHALA TALUK. BY ADV.SRI.K.N.CHANDRABABU THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 21/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.M.Appl.No.909 OF 2008 & W.A.No.2058 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of October 2008 JUDGMENT A.K.BASHEER, J. This writ appeal is directed against the judgment dated, November 11, 2005 in O.P.No.16654/1999. 2. This appeal has been filed with a delay of 975 days. In the affidavit filed in support of the application for condonation of delay under Section 5 of the Limitation Act it is averred by the deponent, who is an Assistant Executive Engineer in the Kerala State Electricity Board, that about 613 days were taken by the Board at the highest level to take a decision with regard to the efficacy of filing the appeal. Thereafter, a delay of 73 days occurred in taking delivery of the certified copy of the judgment. Thus, altogether a delay of 975 days has been occasioned. 3. We have carefully perused the affidavit filed in support of the application for condonation. We are not at all satisfied with the explanation given by the appellant. Therefore, the application for condonation of delay is rejected. Consequently, the writ appeal is also rejected. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE jes