High Court Kerala High Court

Assistant Executive Engineer vs Soman Nair.K. on 25 January, 2008

Kerala High Court
Assistant Executive Engineer vs Soman Nair.K. on 25 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP No. 593 of 2007(P)


1. ASSISTANT EXECUTIVE ENGINEER,
                      ...  Petitioner
2. THE DIRECTOR, GROUND WATER DIRECTORATE,
3. STATE OF KERALA REPRESENTED BY SECRETARY

                        Vs



1. SOMAN NAIR.K., KUZHIYATHU PADUTTATHIL,
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.D.SOMASUNDARAM

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :25/01/2008

 O R D E R
                        KURIAN JOSEPH, J.
           ----------------------------------------------
                      R.P.No.593 of 2007 in
              Original Petition No.35845 of 2002
           ----------------------------------------------
                  Dated 25th January, 2008.

                              O R D E R

C.M.Appln. No.251/07 : This is a petition to condone the delay of

186 days in filing the review petition. The judgment is dated

20.10.2006. The judgment was to be complied with within three

months. It is stated in the affidavit that the copy of the

judgment was received on 18.12.2006. The only reason for the

delay as stated in the affidavit is as follows :

“There is administrative delay in the office of the
Advocate General”

I am afraid, there is no justification for the statement in the

affidavit as quoted above. In the affidavit dated 19.3.2007 filed

by the Deputy Secretary to Government, three months time was

sought for complying with the direction. It is averred as follows:-

“Therefore 3 months time from 18.3.2007
may be granted to comply with the directions contained in the
above judgment for which a separate petition is also filed
herewith and the same may be granted.”

Therefore, there is absolutely no justification in the averment

without any basis that there is administrative delay in the

RP NO.593/07 2

Advocate General’s Office. The delay petition as well as the

review petition are accordingly dismissed.

KURIAN JOSEPH, JUDGE.

tgs

KURIAN JOSEPH, J

———————————————-

R.P.No.593 of 2007 in
Original Petition No.35845 of 2002

———————————————-

O R D E R

Dated 25th January, 2008.