The Kerala State Housing Board vs M.Gopinatha Pillai on 20 November, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 2638 of 2007()


1. THE KERALA STATE HOUSING BOARD,
                      ...  Petitioner
2. COMPETENT AUTHORITY, OFFICE OF THE

                        Vs



1. M.GOPINATHA PILLAI, SHOP NO.1,
                       ...       Respondent

                For Petitioner  :POOVAPPALLY M.RAMACHANDRAN NAIR,SC.KSHB

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice V.K.MOHANAN

 Dated :20/11/2009

 O R D E R
                  C .N. RAMACHANDRAN NAIR &
                         V.K. MOHANAN, JJ.
                 --------------------------------------------
                       W. A. No. 2638 OF 2007
                                     &
                       C.M.Appln. 1203 of 2007
                 --------------------------------------------
              Dated this the 20th day of November, 2009

                              JUDGMENT

Ramachandran Nair, J.

Appeal remains defective for the reason that respondent is not

served notice. When the matter came up in the defect list, we have

gone through the judgment under appeal. We notice that the Board can

have no grievance in the matter because the direction of this Court was

only to consider the application for One Time Settlement presented by

the petitioner in the W.P.C. The judgment was issued on 27.6.2007

and if the Board was earnest they would have disposed of the

application either allowing it or rejecting it if petitioner’s request is not

acceptable. We are of the view that the the appeal is one filed

without any bona fides and the only purpose it serves is to help the

other party to protract the matter. Appeal is also filed with a delay of

2

78 days. Consequently we dismiss the Delay condonation petition as

well as the Writ Appeal.

(C.N.RAMACHANDRAN NAIR)
Judge.

(V.K. MOHANAN)
Judge.

kk

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