Kerala High Court
State Of Kerala vs Abraham Issac on 25 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE K. BABU
Wednesday, the 25th day of August 2021 / 3rd Bhadra, 1943
CM APPLN 1/2015 IN MFA NO. 28 OF 2015
OA 1/2008 OF FOREST TRIBUNAL, KOZHIKODE
PETITIONERS/APPELLANTS:
1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM.
2. CUSTODIAN OF VESTED FOREST, ARANYIA BHAVAN, FOREST COMPLEX
OLAVAKKODE, PALAKKAD-2
RESPONDENT/RESPONDENT:
ABRAHAM ISSAC S/O.ISSAC, RESIDING AT KAKKATTUPARA, PARAKKOD, NEAR
KALLEKKAD BLOCK OFFICE, KALLEKKAD, PALAKKAD-678 015, REPRESENTED BY
POWER OF ATTORNEY HOLDER MARIAMMA, W/O.ABRAHAM ISSAC.
Application praying that in the circumstances stated in the affidavit
filed therewith the High Court be pleased to condone the delay of 221 days in
filing the above MFA.
This application coming on for orders ,upon perusing the application and
the affidavit filed in support thereof, and upon hearing the arguments of SRI
NAGRAJ NARAYANAN SPL GOVT PLEADER(FOREST) for the applicants and of M/S
D.KRISHNA PRASAD AND P. VISHNU PRASAD Advocates for the respondent, the court
passed the following:
ANIL K. NARENDRAN & K. BABU, JJ.
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C.M.Appl.No.1 of 2015 in M.F.A No.28 of 2015
&
M.F.A No.28 of 2015
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Dated this the 25th day of August, 2021
ORDER
Anil K. Narendran, J.
C.M.Appl.No.1 of 2015
This is an application filed by the appellants, seeking an
order to condone the delay of 221 days in filing this appeal.
On 14.07.2021, the respondent has filed counter affidavit,
opposing the relief sought for in this application.
On 16.07.2021, the learned Government Pleader sought
time to file an additional affidavit in support of C.M.Application
No.1 of 2015. On 26.07.2021, the 2nd appellant has filed an
additional affidavit in support of C.M.Application No.1 of 2015.
On 12.08.2021, the respondent has filed an additional counter
affidavit.
Heard the learned Special Government Pleader for the
appellants and also the learned counsel for the respondent.
The extent of delay sought to be condoned by filing this
C.M.Application is 221 days. After the order of this Court dated
12.08.2021, the 2nd petitioner has filed an additional affidavit,
explaining the facts and circumstances. In the affidavit, it is
M.F.A No.28 of 2015
stated that the impugned order was passed on 31.05.2014.
The District Government Pleader has applied for a certified copy
of the impugned order immediately after pronouncement of the
order. After the procedure formalities on 11.08.2014 District
Government Pleader sent the file along with his legal opinion to
the Divisional Forest Officer, Palakkad. Thereafter Chief
Conservator of Forests and Custodian of Vested Forests as per
letter dated 23.09.2014 submitted the file before the Advocate
General with request to file appeal. On 30.09.2014 the file was
submitted before Special Government Pleader (Forest) for
examining the scope for appeal. Due to heavy work load he
could not peruse the file immediately. Thereafter, he discussed
the matter with the concerned officers and found that there is
scope for appeal. However, it was found that the certified copy
of the impugned judgment is misplaced from the file. Thus on
28.01.2015, the Special Government Pleader (Forests)
communicated the matter with the Divisional Forest Officer,
Palakkad. Accordingly, as per the instructions, the District
Government Pleader applied for certified copy of the order on
23.02.2015 and the date notified to receive copy was on
26.02.2015 and the certified copy was delivered on 26.02.2015.
Thereafter, the certified copy was submitted before the Special
M.F.A No.28 of 2015
Government Pleader (Forest) and he prepared the appeal and
submitted before the learned Advocate General for approval.
Further time was taken for necessary approval from the learned
Advocate General and the time required for completing
formalities of filing in the Advocate General's Office including
get the signature of the officers concerned.
Having considered the affidavits filed in support of this
C.M. Application, the averments in the counter affidavit and the
additional counter affidavit filed by the respondent, this Court
finds that the appellants have offered sufficient cause for
condonation of delay of 221 days in filing this appeal.
In the above circumstances, the delay of 221 days in
filing this appeal is condoned.
M.F.A No.28 of 2015
Registry to list the appeal for admission on 02.09.2021.
Sd/-
ANIL K. NARENDRAN
Judge
Sd/-
K. BABU
Judge
DK
25-08-2021 /True Copy/ Assistant Registrar
