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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Sushrut Arvind Dharmadhikari, Syam Kumar V.M.
Assistant Labour Officer Grade-I – Appellant
Versus
R.V. Abdul Jaleel – Respondent
JUDGMENT
Sushrut Arvind Dharmadhikari, J.
The present writ appeal, filed under Section 5 of the Kerala High Court Act, 1958, arises from the judgment dated 25.05.2022 passed in W.P.(C) No. 17151 of 2020, whereby the writ petition filed by the respondent was allowed, and Exts. P3, P4, and P7 - through which the appellants had demanded Cess from the respondent in connection with the construction of a building - were quashed.
2. The brief facts of the case are that the respondent is the owner of residential building No.15/138 in Survey No.125/6, 1 of the Guruvayur Village, Chavakkad Taluk, Thrissur District, having an extent of 233.95 square meters of plinth area. The application was submitted for building permit for construction of house which was granted on 02.02.2006. The house was constructed in the year 2008 and Occupancy Certificate was issued on 12.11.2008 by the Guruvayur Municipality. The respondent had challenged the issuance of notices, Exts.P3 and P4 dated 09.03.2020, and order Ext.P7 dated 27.12.2018, whereby a demand was made for payment of Cess by the respondent.
3. The learned Single Judge set aside the three orders and held that the revenue recovery can be done in the sam
Delay in filing appeals must be adequately explained; otherwise, the appeal may be dismissed based on principles of delay and laches.
Delay in filing appeals must be adequately justified; failure to provide satisfactory reasons leads to dismissal.
Inordinate delay in filing appeal lacks satisfactory explanation, mandating dismissal under principles of delay and laches, emphasizing that delay defeats equity.
The court emphasized that administrative inaction does not justify delay in legal proceedings, and that adequate cause must be shown, especially by State authorities.
State bodies must provide substantial reasons for delay in legal filings, as administrative inefficiencies do not constitute sufficient cause for condonation.
The court underscored that delays due to administrative negligence cannot justify condonation in legal proceedings, particularly for state agencies, emphasizing the importance of diligence in adherin....
Inordinate delay in filing appeal without satisfactory explanation disqualifies appellant from relief under Article 226.
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