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2024 Supreme(Ker) 873

ANIL K. NARENDRAN, HARISANKAR V. MENON
Swaminathan, S/O. Kunjumani – Appellant
Versus
State Of Kerala, Represented By The Principal Secretary, (Forest & Wild Life) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: P.R.Venkatesh, Lakshmi Meenakshi P.R, Advs.
For the Respondent: Special Government Pleader (Forest)

ORDER :

Harisankar V. Menon, J.

The appellant has presented this appeal against the order dated 31.10.2016 passed by the Forest Tribunal, Kozhikode in O.A.No.11 of 2010.

2. Since the appeal was filed belatedly, the appellant filed an application under Section 5 of the Limitation Act to condone the delay in filing the appeal. In this application, the prayer is for condonation of a delay of 1603 days in filing the appeal.

3. The Registry has noted a defect in the filing of this I.A., pointing out that the delay ought to be shown as 2315 days as against 1603 days shown in the application for condonation of delay. The registry noticed that the period of 715 days covered during Covid-19 is excluded in calculating the days for which condonation is sought. The learned counsel for the appellant has pointed out that the above calculation is correct on account of which the Registry has directed the matter to be placed before the court.

4. It is in these circumstances that, this defective appeal is placed before us.

5. We have heard the learned counsel appearing for the appellant and the learned Special Government Pleader (Forest), representing the respondents.

6. The counsel for the appellant point

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