High Court Kerala High Court

Neelankol Chandran vs Secretary on 7 December, 2009

Kerala High Court
Neelankol Chandran vs Secretary on 7 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 2762 of 2009()


1. NEELANKOL CHANDRAN, PROPRIETOR,
                      ...  Petitioner

                        Vs



1. SECRETARY, KALLIASSERI GRAMA PANCHAYATH,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.N.NAGARESH

                For Respondent  : No Appearance

The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice A.K.BASHEER

 Dated :07/12/2009

 O R D E R
      S.R. Bannurmath, C.J. & A.K. Basheer, J.

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                     W.A.No. 2762 OF 2009
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          Dated this the 7th day of December, 2009

                            JUDGMENT

S.R.Bannurmath, C.J.

Aggrieved by the rejection of the Writ Petition only on

the ground of delay and laches, the present appeal is filed.

2. Before the learned Single Judge, petitioner had

challenged Ext.P10 order dated 04.05.06. It is to be noted

that consequent to Ext.P10 order passed by Government,

Panchayat had passed Ext.P9 order. Petitioner had

challenged the said order before the Panchayat Committee

by filing an appeal as well as the Munsiff Court,

Thaliparamba by filing OS No.365 of 2006 which came to

be dismissed and thereafter the present Writ Petition was

filed.

3. Noting the delay and laches on the part of the

petitioner in approaching this Court under Article 226 of

the Constitution, after a lapse of almost three years, in our

view, the learned Single Judge was justified in rejecting the

WA No.2762 of 2009
-:2:-

Writ Petition. We find no merit in the Writ Appeal. Hence it is

rejected.

S.R. Bannurmath,
Chief Justice.

A.K. Basheer,
Judge.

ttb