Kerala High Court
P.K.Babu vs The Chief Engineer (Hrm) on 10 October, 2006
IN THE HIGH COURT OF KERALAAT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
FRIDAY, THE 29TH DAY OF JANUARY 2016/9TH MAGHA, 1937
RP.No. 54 of 2016 () IN WA.1832/2006
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AGAINST THE JUDGMENT IN WA 1832/2006 of HIGH COURT OF KERALA DATED 10-10-2006
REVIEW PETITIONER(S)/APPELLANT:
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P.K.BABU,
PALASSERIL HOUSE, MADAPLATHURUTH, MOOTHAKUNNAM P.O.
ERNAKULAM DISTRICT.
BY ADV. SRI.VIJAYAN. K.U.
RESPONDENT(S)/RESPONDENTS:
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1. THE CHIEF ENGINEER (HRM), KSEB BOARD,
VYDHUTHI BHAVANAM, PATTOM
THIRUVANANTHAPURAM - 695 004.
2. THE CHIEF ENGINEER,
P.W.D (ADMN), THIRUVANANTHAPURAM- 695 001.
3. STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT
PUBLIC WORKS (B) DEPARTMENT
THIRUVANANTHAPURAM -695 001.
4. THE ACCOUNTANT GENERAL,
THIRUVANANTHAPURAM - 695 001.
R2-4 BY SPL.GOVERNMENT PLEADER SMT. GIRIJA GOPAL
R1 BY SRI.K.S.ANIL, SC, KSEB
THIS REVIEW PETITION HAVING BEEN FINALLYHEARD ON 29-01-2016,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sou.
ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J
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R.P. No.54 of 2016
in
W.A. No. 1832 of 2006
and
C.M. Appln. No.25 of 2016
in
R.P. No.54 of 2016
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Dated this the 29th day of January, 2016
O R D E R
Shaffique, J This is an application to condone the delay of 3564 days in filing the review petition. In paragraph 5 of the affidavit, filed in support of the above petition, it is stated as under :
"5. It is submitted that the judgment in W.A. No.1832/2006 was pronounced on 10.10.2006 and Review Petition without delay had to be submitted on or before 9.11.2006. It is submitted that the decision in Mohamed Basheer.A vs. State of Kerala & Others 2014 (4) KHC 658 was rendered on 28.10.2014. This decision came to the notice of the counsel only on 24.12.2015. Application for certified copy of the judgment in W.A. was submitted on re-opening of the Court and received on 07.01.2016 the accompanying Review Petition could be filed only today with a delay of 3564 days. It is respectfully submitted that the delay was neither willful nor the result of any laches on my part. As I have a very meritorious matter to be presented before this Honourable Court, the delay caused in submission of Review Petition may kindly be condoned in the interest of justice."
2. Learned counsel for the petitioner submits that on account of the subsequent judgment the petitioner is entitled for review of the earlier judgment. R.P.No.54/16 2
3. We do not think that the subsequent judgment can be a ground for review of judgment or even a ground for condonation of delay, that too about ten years. We do not find sufficient cause to condone the delay. Accordingly the delay condonation petition is dismissed.
Consequently, the review petition is also dismissed.
Sd/-
ASHOK BHUSHAN CHIEF JUSTICE Sd/-
A.M.SHAFFIQUE, JUDGE sou.30/1.
// True Copy //