Kerala High Court
K.T.Mathew 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.1/2020 IN WA NO. 1131 OF 2020
AGAINST THE JUDGMENT DATED 24.07.2019 IN W.P.(C)NO.14662/2019, OF THIS COURT
PETITIONERS/APPELLANTS:
1. K.T.MATHEW, AGED 60 YEARS,S/O.THOMAS, KURUVANTHANATHU HOUSE, KOLANI
P.O., THODUPUZHA TALUK,IDUKKI DISTRICT-685 608.
2. JOSE SEBASTIAN, AGED 59 YEARS, S/O.SEBASTIAN,VALIPLACKKAL
HOUSE,KANCHIYAR P.O.,KANCHIYAR, IDUKKI TALUK,IDUKKI DISTRICT-685
511.
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF LABOUR AND
REHABILITATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
3. THE REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND
ORGANISATION, REGIONAL OFFICE,BHAVISHYA NIDHI,PATTOM,
THIRUVANANTHAPURAM-695 004.
4. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF
CO-OPERATIVE SOCIETIES,JAWAHAR SAHAKARANA BHAVAN, DPI
JUNCTION,THYCADU, THIRUVANANTHAPURAM-695 014.
5. THE KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, REPRESENTED
BY ITS SECRETARY, ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES,
CHINMAYA HOUSE, THIRUVANANTHAPURAM-695 001.
6. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE JOINT
REGISTRAR OF CO-OPERATIVE SOCIETIES, PAINAVU, IDUKKI DISTRICT-685
603.
7. THE IDUKKI DISTRICT CO-OPERATIVE BANK LTD. HEAD OFFICE,IDUKKI COLONY
P.O.,PIN-685 602. REP. BY ITS GENERAL MANAGER, NOW MERGED WITH
KERALA STATE CO-OPERATIVE BANK LTD.
8. THE PART TIME ADMINISTRATOR, IDUKKI DISTRICT CO-OPERATIVE BANK LTD.,
HEAD OFFICE,IDUKKI COLONY P.O.,PIN-685 602, NOW THROUGH CHIEF
EXECUTIVE OFFICER, KERALA STATE CO-OPERATIVE BANK LTD.
9. THE SUB REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT
FUND ORGANISATION, SUB REGIONAL OFFICE, BHAVISHYA NIDHI, ADITHYA
SABARI TOWER, KOTTAYAM-686 001.
P.T.O
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to condone the delay
of 145 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, S.PRAVEEN, A.G.SUNIL KUMAR & DIPU
JAMES, Advocates for the petitioners and of SRI.M.SASINDRAN, STANDING
COUNSEL FOR R5 and of SRI.JOY THATTIL ITOOP, STANDING COUNSEL for R9 the
court passed the following:
ALEXANDER THOMAS & A.BADHARUDEEN, JJ.
=============================================
C.M.Appln. No. 1 of 2020
in
W.A. No. 1131 of 2020
[arising out of the impugned judgment dated 24.7.2019
in WP(C).No. 14662/2019]
=============================================
Dated this the 23rd day of September, 2021
ORDER
This is an application filed to condone the delay of 145 days in
filing the above Writ Appeal. The impugned judgment in this case was
rendered by the learned Single Judge on 24.7.2019. Thereafter, the writ
petitioners had filed review petition in the above WP(C) on 18.9.2019,
which was ultimately dismissed by this Court on 4.12.2019 and certified
copy of the final order of the review petition was made available on
16.12.2019. Even if the period from 18.9.2019 (date of filing of the R.P.)
up to 16.12.2019 (date of issuance of certified copy of final order of the
R.P.) is excluded, still there will be a delay of about 58 days or so in filing
the Writ Appeal.
2. Having heard both sides, we are of the view that delay could
be condoned subject to terms. Hence, it is ordered that in the event of
the appellants paying cost of Rs.500/- to the High Court Legal Services
Committee within 2 weeks, then delay in filing the Writ Appeal will
C.M.Appln. No. 1/2020 in
W.A. No. 1131/2020
stand condoned. The appellants' counsel will ensure that the receipt is
produced before the Registry, evidencing payment of said cost to the
High Court Legal Services Committee.
3. On the appellants 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
