C.Subramonium Achari vs Viswadarshini Charitable Society
2024 Latest Caselaw 29244 Ker

Kerala High Court

C.Subramonium Achari vs Viswadarshini Charitable Society on 10 October, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
                                     &
                     THE HONOURABLE MR. JUSTICE S.MANU
         Thursday, the 10th day of October 2024 / 18th Aswina, 1946
                  CM.APPL.NO.1/2018 IN WA NO. 2099 OF 2018
    AGAINST JUDGMENT DATED 13/04/2018 IN WP(C) 10832/2018 OF THIS COURT
PETITIONERS/APPELLANTS:

  1. C.SUBRAMONIAN ACHARI, S/O.CHELLAPPAN ACHARI, AGED 66
     YEARS ,PRESIDENT (DIRECTOR), VISWADARSHINI CHARITABLE SOCIETY, T
     1254, URIYACODE, THIRUVANANTHAPURAM-695543, RESIDING AT
     KRISHNALAYAM, SIMON ROAD, VRIYACODE, PUNNALAL POST,
     THIRUVANANTHAPURAM DISTRICT, PIN-695575.
  2. S.N.SUBASH, S/O C SUBRAMONIAN ACHARI,SECRETARY,VISWADARSHINI
     CHARITABLE SOCIETY,T 1254,URIYACODE, THIRUVANANTHAPURAM-695
     543,RESIDING AT KRISHNALAYAM, SIMON ROAD,VRIYACODE, PUNNALAL
     POST,THIRUVANANTHAPURAM DISTRICT,PIN 695 575

RESPONDENTS/RESPONDENTS:

  1. VISWADARSHINI CHARITABLE SOCIETY, REGN NO.T 1254/2002, KONNIYOOR,
     PUNNALAL POST, POOVACHAL, THIRUVANANTHAPURAM, REPRESENTED BY
     SECRETARY, RAJAGOPALAN ACHARI, S/O.CHELLAPPAN ACHARI, AGED 62 YEARS,
     A R BHAVAN, KONNIYOOR, PUNNALAL POST, POOVACHAL,
     THIRUVANANTHAPURAM-695575.
  2. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, PWD AND
     REGISTRATION DEPARTMENT, THIRUVANANTHAPURAM-695 001.
  3. THE DISTRICT REGISTRAR(GENERAL), THIRUVANANTHAPURAM-695 001.

     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 the writ appeal.
     This Application coming on for orders on 10/10/2024, upon perusing
the application and the affidavit filed in support thereof, and upon
hearing the arguments of SRI.K.JAYAKUMAR (SR.), SRI.G.P.SHINOD, SRI.GOVIND
PADMANAABHAN, SHRI.AJIT G ANJARLEKAR, SRI.RAM MOHAN.G., Advocates for the
applicants and of SRI.K.MOHANAKANNAN FOR R1,GOVERNMENT PLEADER FOR R2 &
R3, the court on the same day passed the following:
                        NITIN JAMDAR, C. J. & S. MANU, J.
                    ===================================
                          C. M. Application No. 1 of 2018
                                           in
                               W. A. No. 2099 of 2018
                    ===================================
                       Dated this the 10th day of October, 2024

                                       ORDER

Nitin Jamdar, C. J.

Heard Sri. Govind Padmanaabhan, learned counsel for the Apppellants and Sri. K. Mohanakannan, learned counsel for Respondent No. 1.

2. This is an application for condonation of the delay of 145 days. Counter affidavit is filed by Respondent No. 1. We have perused the application and the counter affidavit.

3. After having considered the rival contentions, we are of the opinion that sufficient cause is made out to condone the delay of 145 days.

4. Application is accordingly allowed.

5. Place the appeal on Board on 28 October 2024.

Sd/-

NITIN JAMDAR CHIEF JUSTICE

Sd/-

S. MANU JUDGE Eb

10-10-2024 /True Copy/ Assistant Registrar