Kerala High Court
Union Of India vs K.P.Madhava Marar (Ex.Sep. ... on 6 December, 2006
Bench: K.A.Abdul Gafoor, K.R.Udayabhanu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA No. 2263 of 2006()
1. UNION OF INDIA, REPRESENTED BY
... Petitioner
2. THE CHIEF CONTROLLER OF DEFENCE
3. OFFICER I/C RECORDS,
Vs
1. K.P.MADHAVA MARAR (EX.SEP. NO.13821275),
... Respondent
For Petitioner :SRI.THOMASMATHEW NELLIMOOTTIL,SR.PANEL
For Respondent :SRI.M.RAJAGOPALAN
The Hon'ble MR. Justice K.A.ABDUL GAFOOR
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :06/12/2006
O R D E R
K.A. ABDUL GAFOOR & K.R. UDAYABHANU, JJ
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W.A. NO. 2263 OF 2006
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Dated this the 6th day of December 2006
JUDGMENT
Abdul Gafoor, J The first respondent - writ petitioner who filed the writ petition in the year 2001 claiming pension was granted benefit as per the impugned judgment dated 03.04.2006. During the pendency of the petition for 5 years the appellants/respondents totally neglected in their duty to file a counter affidavit. There was, therefore, an order by the learned single Judge on 16.03.2006 that the counter affidavit if any should be filed on or before 3.04.2006 and that in case no such counter affidavit was filed it would be treated as the appellant did not have any objection in allowing the prayers in the Writ Petition. This order was also passed after about 5 years of pendency of the writ petition, because that was the only way out for the court at that time, so that the respondent could be heard usefully. But this indulgence also fell on deaf ears. The learned single judge had, therefore, no option but to allow the prayers. The appeal is W.A. No. 2263 of 2006 2 against the judgment so rendered. Even then the appeal has been filed with delay which we have condoned. In that situation, we find no reason to interfere and the writ appeal is dismissed accordingly.
K.A. ABDUL GAFOOR, JUDGE K.R. UDAYABHANU, JUDGE.
RV