Kerala High Court
Kalpetta Municipality vs Ramesh Kumar V on 15 November, 2024
Author: Anil K. Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
Friday, the 15th day of November 2024 / 24th Karthika, 1946
CM.APPL.NO.1/2024 IN MJC NO.11 OF 2024
AGAINST JUDGMENT DATED 23.01.2023 IN WA 1521/2011 OF THIS COURT
APPLICANT/APPLICANT/APPELLANT:
KALPETTA MUNICIPALITY KALPETTA, WAYANAD; REPRESENTED BY ITS
SECRETARY- 673121
RESPONDENTS/RESPONDENTS/RESPONDENTS:
1. RAMESH KUMAR V. CONTINGENT WORKER/TEMPORARY DRIVER, KALPETTA
MUNICIPALITY, WAYANAD RESIDING AT SINDHU VILASAM, RATAKOLLI,
KALPETTA.P.O., WAYANAD - 673121 (DIED)
2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF URBAN
AFFAIRS, GOVERNMENT SECRETARIAT, TRIVANDRUM - 695001
3. ADDLR3:RAMITHA, W/O. RAMESH KUMAR V.,AGED 43 YEARS, RESIDING AT
SINDHU VILASAM RATTAKKOLLY KALPETTA P.O., WAYANAD 673121
4. ADDL R4: RAKENDU RAMESH, D/O. RAMESH KUMAR V.,AGED 24 YEARS,
RESIDING AT SINDHU VILASAM, RATTAKKOLLY KALPETTA P.O., WAYANAD
-673121
5. ADDL R5:RITHIKA RAMESH, D/O. RAMESH KUMAR V.,AGED 19 YEARS, RESIDING
AT SINDHU VILASAM, RATTAKKOLLY KALPETTA P.O. WAYANAD-673121.
6. ADDLR6:THANKAMANI, M/O. RAMESH KUMAR V.,AGED 71 YEARS, RESIDING AT
SINDHU VILASAM, RATTAKKOLLY KALPETTA P.O.
WAYANAD-673121.{*ADDITIONAL R3 TO R6(LEGAL HEIRS OF DECEASED 1ST
RESPONDENT)ARE IMPLEADED AS PER ORDER DATED 24/10/2024 IN IA 2/2024
IN MJC 11 OF 2024.}
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to condone the delay
of 330 days in filing the above M.J.C to restore W.A No.1521/2011 and
accept the same on the files,in the interest of justice.
This Application again coming on for orders on 15/11/2024, upon
perusing the application,the affidavit filed in support thereof, this
Court's Order dated 24/10/2024, and upon hearing the arguments of
ADVS.M/S.ANUPAMA JOHNY, REJI GEORGE, JOE JOSEPH KOCHIKUNNEL, Advocates for
the applicant, and of GOVERNMENT PLEADER for R2, and of SMT. CELINE
JOSEPH, Advocate for R3,R4 & R6,the court on the same day passed
the following:
ANNEXURE R3(a):TRUE COPY OF THE LAWYER NOTICE DATED 12.04.2022
WITH ACKNOWLEDGMENT CARD
ANNEXURE R3(b):TRUE COPY OF THE REPRESENTATION DATED 31.05.2022
TO THE SECRETARY,KALPETTA MUNICIPALITY
ANNEXURE R3(c):TRUE COPY OF THE REPRESENTATION DATED 05.12.2023
TO THE SECRETARY,KALPETTA MUNICIPALITY
ALONG WITH RECEIPT DATED 05.12.2023
MJC No.11 of 2024 in WA No.1521 of 2011
-1-
ANIL K. NARENDRAN & BASANT BALAJI, JJ.
============================
MJC No.11 of 2024
in
WA No.1521 of 2011
============================
Dated this the 15th day of November, 2024
ORDER
Anil K. Narendran, J.
This is an application filed by the applicant seeking an order
to condone the delay of 330 days in filing the MJC to restore WA
No.1521 of 2011, which was dismissed for default on
23.01.2023.
2. The relief sought for in this application is opposed by
respondents 3, 4, and 6 by filing a counter affidavit, producing
Annexures R3(a) to R3(c).
3. Heard the learned counsel for the applicant and also
the learned counsel for respondents 3, 4 and 6.
4. The document marked as Annexure R3(c) is a
representation dated 05.12.2023, wherein the 1 st respondent
herein has brought to the notice of the Secretary of the
Municipality that WA No.1521 of 2011 has already been
dismissed for default on 23.01.2023. The applicant has chosen to
file this MJC, along with an application for condonation of delay,
only on 20.01.2024.
MJC No.11 of 2024 in WA No.1521 of 2011
5. Having considered the averments in the affidavit filed
in support of this application, that contained in the counter
affidavit filed by respondents 3, 4, and 6 and also the
submissions made at the Bar, we find that the counsel engaged
by the Municipality expired on 19.12.2019, much prior to the
dismissal of the Writ Appeal and the applicant has made out
sufficient cause for condonation of delay of 330 days in filing the
MJC to restore the WA No.1521 of 2011, on payment of cost.
6. In such circumstances, this application is allowed on
payment of a cost of Rs.5,000/- (Rupees Five thousand only) by
the applicant, payable to respondents 3, 4, and 6, through the
learned counsel, within a period of one week.
List on 04.12.2024.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
BASANT BALAJI, JUDGE
JS
15-11-2024 /True Copy/ Assistant Registrar
