Kerala High Court
Sojan Chacko vs State Of Kerala on 23 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Thursday, the 23rd day of September 2021/1st Aswina, 1943
CM.APPL.NO.1/2021 IN WA NO. 554 OF 2021
AGAINST THE JUDGMENT DATED 13.11.2019 IN WP(C) 13916/2019 OF THIS COURT
APPELLANT/PETITIONERS:
SOJAN CHACKO, AGED 42, S/O.CHACKO,THANNICKKAL HOUSE, THANKAMANY P.O,
IDUKKI TALUK,IDUKKI DISTRICT-685 609, NOW WORKING AS
CLERK,KAMBILIKANDOM BRANCH OF ERSTWHILE IDUKKI DISTRICT CO-OPERATIVE
BANK LTD.NO.4334.
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-
OPERATION,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF
CO-OPERATIVE SOCIETIES,JAWAHAR SAHAKARANA BHAVAN,DPI
JUNCTION,THYCAUDU,THIRUVANANTHAPURAM-695 014.
3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE
REGISTRAR OF CO-OPERATIVE SOCIETIES,PAINAVU,IDUKKI DISTRICT-685 603.
4. THE IDUKKI DISTRICT MOTOR EMPLOYEES CO-OPERATIVE SOCIETY LTD.
NO.l-191, KATTAPPANA P.O., KATTAPPANA,IDUKKI TALUK AND IDUKKI
DISTRICT-685 508,REPRESENTED BY ITS SECRETARY.
5. THE ADMINISTRATOR, IDUKKI DISTRICT MOTOR EMPLOYEES CO-OPERATIVE
SOCIETY LTD.NO.1-191,KATTAPPANA.P.O,KATTAPPANA, IDUKKI TALUK AND
IDUKKI DISTRICT-685 508.
6. THE SECRETARY, IDUKKI DISTRICT MOTOR EMPLOYEES CO-OPERATIVE SOCIETY
LTD.NO.1-191,KATTAPPANA.P.O., KATTAPPANA, IDUKKI TALUK AND IDUKKI
DISTRICT-685 508.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to condone the delay
of 241 days in filing this writ appeal in the interest of justice.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S.GEORGE MATHEW, M.D.SASIKUMAR, SUNIL KUMAR A.G, DIPU JAMES, MATHEW
K.T. & GEORGE K.V., Advocates for the petitioner, SENIOR GOVERNMENT
PLEADER for R1 to R3 and of SRI.P.C.SASIDHARAN, STANDING COUNSEL for R4 to
R6, the court passed the following:
ALEXANDER THOMAS & A.BADHARUDEEN, JJ.
=============================================
C.M.Appln. No. 1 of 2021
in
W.A. No. 554 of 2021
[arising out of the impugned judgment dated 13.11.2019
in WP(C).No. 13916/2019]
=============================================
Dated this the 23rd day of September, 2021
ORDER
This is an application filed to condone the delay of 241 days in
filing the above Writ Appeal. The impugned judgment in this case was
rendered by the learned Single Judge on 13.11.2019 and application for
grant of certified copy was made on 13.11.2019 itself. The certified copy
of the judgment was duly delivered on 18.11.2019, which is much before
the commencement of lockdown from 24th March, 2020.
2. After hearing both sides and after going through the
averments in the affidavit filed in support of the delay condonation
application, we feel that the delay could be condoned only subject to
terms. Hence, it is ordered that in the event of the appellant paying cost
of Rs.1,000/- to the High Court Legal Services Committee within 2
weeks, the delay will stand condoned. The appellant's counsel will
ensure that the receipt is produced before the Registry, evidencing
payment of said cost to the High Court Legal Services Committee.
C.M.Appln. No. 1/2021 in
W.A. No. 554/2021
3. On the appellant complying abovesaid condition, the Registry
may list the Writ Appeal for admission. If on the other hand, abovesaid
cost amount is not paid within the stipulated time limit, then the delay
condonation application and consequently the Writ Appeal will stand
dismissed without any further orders from this Court.
With these observations and directions, the above delay
condonation application will stand disposed of.
Hand over to both sides.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
A.BADHARUDEEN, JUDGE
MMG
23-09-2021 /True Copy/ Assistant Registrar
