Kerala High Court
Secretary vs Mini Nc on 22 October, 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 P.G. AJITHKUMAR
Tuesday, the 22nd day of October 2024 / 30th Aswina, 1946
CM.APPL.NO.1/2024 IN WA NO. 1660 OF 2024
AGAINST JUDGMENT DATED 19/01/2023 IN WP(C) 39048/2022 OF THIS COURT
APPLICANT/APPELLANTS
1. PRESIDENT MUTHUKAD CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
BRANCH NO. D76(D), APCOS, MUTHUKAD, PERUVANNAMUZHY, KOZHIKODE
DISTRICT,, PIN - 673528
2. SECRETARY, MUTHUKAD CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
BRANCH NO. D76(D), APCOS, MUTHUKAD, PERUVANNAMUZHY, KOZHIKODE
DISTRICT,, PIN - 673528 .
RESPONDENTS/RESPONDENTS
1. MINI NC, AGED 59 YEARS, W/O SHANKARAN, THATTANKANDI HOUSE, CHENOLI
P.O, KOZHIKODE DISTRICT, ., PIN - 673525
AND 4 OTHERS.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to condone the delay
of 593 days in filing the Writ Appeal against the impugned judgment and
Order dated 19.01.2023 in Writ Petition No. 39048/2022 passed by this
Hon'ble court, and pass such other and further reliefs as this Hon'ble
Court may deem fit and proper in the facts and circumstances of this case.
This Application coming on for orders on 22/10/2024, upon perusing
the application and the affidavit filed in support thereof, and this
court's order dated 21/10/2024, upon hearing the arguments of
ADVS.M/S.RENJITH B.MARAR, LAKSHMI.N.KAIMAL, P.RAJKUMAR, KESHAVRAJ NAIR,
ARUN POOMULLI, ABHIJITH SREEKUMAR, ANAND REMESH, ABHIRAM.S. & GAADHA
SURESH, Advocates for the Applicants and of ADVS.M/S.SANTHARAM.P, REKHA
ARAVIND &, P.G.GOKULNATH, Advocate for the respondent 1, GOVERNMENT
PLEADER, for Respondents 2 and 3, the court on the same day passed the
following:
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
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W.A.No.1660 of 2024
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Dated this the 22nd day of October, 2024
ORDER
P.G.Ajith Kumar, J
This is a petition filed under Section 5 of the Limitation Act,
1963. There is a delay of 593 days in filing the appeal.
2. The applicant would submit that the counsel who was
engaged by the applicant did not file vakalath and defend the writ
petition as instructed by the applicant. Although a petition for
review was filed, the learned Single Judge dismissed the writ
petition. The applicant could not disburse the retiral benefits on
account of the non co-operation of respondent No.1. In view of
the said reasons, the delay is liable to be condoned and the
applicant is given a chance to challenge the judgment in the writ
petition.
3. The 1st respondent filed a counter affidavit and also
additional counter affidavit opposing the application. The 1st
respondent produced Annexure 1 to 8 in support of her claim in
the counter affidavits.
4. Heard the learned counsel for the applicant and the
learned counsel for the 1st respondent.
5. Having perused the records and heard both sides, we
find that the reasons stated for the delay are justifiable. Of course,
the name of the counsel who was said to have been engaged by
the applicant to defend the writ petition is not disclosed. The
explanation offered by the learned counsel for the applicant in that
regard is plausible. The delay is somewhat long. In our view, the
reasons offered for the delay are genuine. We are also of the view
that the question regarding maintainability of the writ petition
requires serious consideration. In the light of the above aspects,
we find that this application is liable to be allowed.
6. Hence this application is allowed. Delay of 593 days is
condoned.
List for admission tomorrow (23.10.2024).
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
PV
22-10-2024 /True Copy/ Assistant Registrar
