State Of Kerala vs State Of Kerala
2021 Latest Caselaw 8055 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

                                   &

                THE HONOURABLE MR. JUSTICE GOPINATH P.

    TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942

                          WA.No.1306 OF 2020

 AGAINST THE JUDGMENT DATED 08-08-2018 IN WP(C) 11269/2008(N) OF
                      HIGH COURT OF KERALA


APPELLANTS/RESPONDENTS 1 TO 4:

      1        STATE OF KERALA
               REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
               GENERAL EDUCATION (K) DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPURAM.

      2        THE DIRECTOR OF PUBLIC INSTRUCTION,
               JAGATHY, THIRUVANANTHAPURAM.

      3        THE DEPUTY DIRECTOR OF EDUCATION,
               KANNUR.

      4        THE ASSISTANT EDUCATIONAL OFFICER,
               TALIPARAMBA SOUTH, TALIPARAMBA, KANNUR.

               BY SR. GOVT. PLEADER SRI A.J VARGHESE

RESPONDENTS/PETITIONRS & RESPONDENTS 5 TO 7:

      1        K.K.LAKSHMANAN
               S/O.NARAYANAN, FULL TIME CRAFT TEACHER,
               RADHAKRISHNA AUP SCHOOL, MANIYOOR, CHEKKIKULAM,
               KANNUR-670592.

      2        THE MANAGER,
               RADHAKRISHNA AUP SCHOOL, MANIYOOR,
               CHEKKIKULAM, KANNUR-670592.

      3        K.K.BHARGAVI,
               TEACHER, RADHAKRISHNA AUP SCHOOL, MANIYOOR,
               CHEKKIKULAM, KANNUR-670592.

      4        K.P.RADHA,
               TEACHER, RADHAKRISHNA AUP SCHOOL, MANIYOOR,
               CHEKKIKULAM, KANNUR-670592.
 CMA No.1/2020 & WA No.1306/2020     -2-


               R1 BY ADV. SRI.V.A.MUHAMMED
               R1 BY ADV. SRI.M.SAJJAD

OTHER PRESENT:

               SR GP A.J VARGHESE

     THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 09.03.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CMA No.1/2020 & WA No.1306/2020         -3-



                                JUDGMENT

A.K.Jayasankaran Nambiar, J:

This is an application for condonation of delay of 733 days in filing the writ

appeal. On a perusal of the affidavit filed in support of the delay condonation

application, it is seen that the judgment of the learned Single Judge in W.P.(C).

No.11269/2008 was dated 08-08-2018 and the certified copy of the judgment was

obtained by the appellant on 22-09-2018 itself. Thereafter the appellants had, in

consultation with the officers of the General Education Department, sought for

extension of time for a period of 5 months from 16-12-2018 to 15-05-2019 for the

purposes of complying with the directions in the judgment. A further extension of

5 months was again sought from 06-05-2019 for the same purpose and the said

extension was also granted by this court. When despite the extended time granted

to them, the appellants did not comply with the directions in the judgment, the

writ petitioner filed a contempt case against the appellants. It was then, and as an

afterthought, that the appellant decided to prefer an appeal against the judgment

dated 08-08-2018 of the learned Single Judge.

2. We do not find the reasons furnished for the delay to be either

adequate or satisfactory for the purposes of condoning the delay. We also note that

the stand of the appellants all along had been that the directions of the learned

Single Judge should be complied with, and they had sought extension of time from

this court for the purposes of complying with the same. It was only when the

contempt of court case was filed by the writ petitioner that they chose to turn

around and take a decision to prefer an appeal. While delays on account of

administrative hold-ups in government offices might perhaps have persuaded us to

condone the delay, the delay of 733 days in the instant case does not merit

condonation. In taking such a view, we are guided by the recent observations of

the Supreme Court in The State of Madhya Pradesh and Others v. Bherulal -

[JT (2020) 11 SC 496] where, while making scathing observations as regards the

delay occasioned by the Government, the court also observed that if the

Government machinery was inefficient, it was for the legislature to make suitable

provisions by extending the period of limitation. We therefore dismiss this delay

condonation application and, consequently, the writ appeal as well.

(Sd/-) A.K. JAYASANKARAN NAMBIAR JUDGE

(Sd/-) GOPINATH P.

JUDGE AMG