IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 12215 of 2010(B)
1. GEETHA KRISHNAN
... Petitioner
Vs
1. V.NARAYANAN
... Respondent
For Petitioner :SRI.SAJU.S.A
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :07/04/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 12215 OF 2010 (B)
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Dated this the 7th day of April, 2010
J U D G M E N T
The challenge in the writ petition is against Ext.P5 order
passed by the 2nd respondent allowing Ext.P2, IA No.63/09. By
this order, delay of 14 days in filing Ext.P1 petition seeking
disqualification of the petitioner has been allowed. A reading of
Ext.P5 order shows that for the reasons stated therein, the 2nd
respondent has accepted the explanation offered by the 1st
respondent to condone the delay. Reference is also made to the
medical certificate produced.
2. The power to condone delay is discretionary, and
unless the said discretion has been exercised in an arbitrary
manner, this Court will not be justified in interfering with the said
order, muchless in a proceedings under Article 226 of the
Constitution of India. A reading of Ext.P5 order does not lead me
to think that the order is vitiated for any arbitrariness.
3. Therefore, I do not find any vitiating circumstances
warranting interference.
Writ petition is dismissed.
ANTONY DOMINIC, JUDGE
Rp