Kerala High Court
Ambily G vs Seena S on 5 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942
C.M.Appln.1/2020 in MJC.No.154 OF 2020 IN WA. 939/2010
& MJC.No.154 OF 2020 IN WA. 939/2010
AGAINST THE JUDGMENT dated 22.3.2016 IN WA 939/2010 OF HIGH COURT
OF KERALA
PETITIONER:
AMBILY G.,
D/O.K.V.GOPALAKRISHNAN,'GOKULAM',
AYALOOR P.O.,PALIYAMANGALAM,
PALAKKAD DISTRICT.
BY ADV. SRI.BABU JOSEPH KURUVATHAZHA
RESPONDENTS:
1 SEENA S.,
D/O.LATE G.SUGUNAN,KATTUCKAL VELIYIL
HOUSE,PATHIRAPPALLI P.O.,KALAVOOR,
ALAPPUZHA-688 521.
2 GOVERNMENT OF KERALA,
REPRESENTED BY ITS SECRETARY,
GENERAL ADMINISTRATION DEPARTMENT,SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
OTHER PRESENT:
SMT. RAJI. T. BHASKAR-G.P.
THIS MISCELLANEOUS JURISDICTION CASE HAVING BEEN FINALLY HEARD
ON 05.02.2021, ALONG WITH MJC.155/2020, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
C.M.Appln.No.1/2020 in MJC 154/2020
in W.A.No.939/2010,
C.M.PPln.No.1/2020 in MJC 155/2020
in W.A.No.937/2010
& MJC Nos.154 & 155 of 2020 in
W.A.Nos.939/2010 & 937/2010 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942
C.M.Appl.No.1/2020 in MJC.No.155 OF 2020 IN WA. 937/2010
& MJC.No.155 OF 2020 IN WA. 937/2010
AGAINST THE JUDGMENT dated 22.3.2016 IN WA 937/2010 OF HIGH
COURT OF KERALA
PETITIONER:
AMBILY G.
D/O.K.V.GOPALAKRISHNAN,'GOKULAM',
AYALOOR P.O.,PALIYAMANGALAM,
PALAKKAD DISTRICT.
BY ADV. SRI.BABU JOSEPH KURUVATHAZHA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,GENERAL
ADMINISTRATION DEPARTMENT,SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 SEENA S.,D/O.LATE G.SUGUNAN,
KATTUCKAL VELIYIL HOUSE,
PATHIRAPPALLI P.O.,
KALAVOOR,ALAPPUZHA-688 521.
R1 BY GOVERNMENT PLEADER
OTHER PRESENT:
SMT. RAJI.T, BHASKAR-G.P.
C.M.Appln.No.1/2020 in MJC 154/2020
in W.A.No.939/2010,
C.M.PPln.No.1/2020 in MJC 155/2020
in W.A.No.937/2010
& MJC Nos.154 & 155 of 2020 in
W.A.Nos.939/2010 & 937/2010 3
THIS MISCELLANEOUS JURISDICTION CASE HAVING BEEN FINALLY HEARD
ON 05.02.2021, ALONG WITH MJC.154/2020, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
C.M.Appln.No.1/2020 in MJC 154/2020
in W.A.No.939/2010,
C.M.PPln.No.1/2020 in MJC 155/2020
in W.A.No.937/2010
& MJC Nos.154 & 155 of 2020 in
W.A.Nos.939/2010 & 937/2010 4
ORDER
[ MJC.154/2020, MJC.155/2020 ]
Dated this the 5th day of February 2021
Shaffique, J.
C.M.Appln.No.1/2020 in both MJCs is filed to condone delay of
1683 days in filing the petition to restore the appeals on file. In the
affidavit filed in support of the above applications, it is stated that the
file was entrusted to another counsel, who stopped practice and only
when enquiries were made later that it was realised that the appeals
were dismissed for non-prosecution.
2. Though the counsel has filed an affidavit, the delay is
huge. When the matter is entrusted to another counsel, who had
already stopped practice, necessarily, the matter ought to have been
verified. That apart, we do not know as to why the party has not
approached the counsel for a substantially long period of time. We are
of the view that the reason stated for condoning the delay is not
sufficient enough to exercise jurisdiction to condone the delay. Even
otherwise, there is no merit in the contentions urged in the writ
petitions as well, as the direction issued by this Court is only to
consider the petitioner if she is eligible under the revised rank list.
C.M.Appln.No.1/2020 in MJC 154/2020
in W.A.No.939/2010,
C.M.PPln.No.1/2020 in MJC 155/2020
in W.A.No.937/2010
& MJC Nos.154 & 155 of 2020 in
Rank list had already been expired long time ago. Nothing further
survives to be decided in the matter. The applications to condone
delay are dismissed. Consequently, the MJCs are dismissed.
Sd/-
A.M.SHAFFIQUE
JUDGE
Sd/-
GOPINATH P.
JUDGE
acd
