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2025 Supreme(Online)(Ker) 26985

IN THE HIGH COURT OF KERALA AT ERNAKULAM
R. Sivaraman, J
Charitable and Religious Trust – Appellant
Versus
Respondent Department – Respondent


Advocates:
For the Appellants/Petitioners: Sri.R.Sivaraman, Sri.Nikhil Berny
For the Respondents: Sri.G.Keerthivas

Table of Content
1. delay in appeals process. (Para 1 , 2 , 3)
2. arguments for delay condonation. (Para 4 , 5)
3. court's justification for decision. (Para 6)
4. legal standards for delay assessment. (Para 7)
5. final decision and order. (Para 8)

J U D G M E N T

These appeals impugn the orders dated 19.03.2025 passed by the appellate tribunal under SAFEMA refusing to condone the delay of 204 days in preferring statutory appeals under Section 46 of the Prohibition of Benami Property Transaction Act, 1988.

2. The brief facts necessary for the disposal of these appeals are as follows:

The appellant in these cases is a charitable and religious trust engaged in social welfare, educational and community development activities, operating under the spiritual umbrella of the Believers Eastern Church. The appellant was faced with a proceeding under the Prohibition of Benami Property Transactions Act, 1988 and was served with a show cause notice dated 8.8.2022. Based on the reply dated 22.8.2022, a further show cause notice dated 22.10.2022 was issued for which a reply dated 9.11.2022 was given. Rejecting the reply, a provisional order of attachment was passed under Section 22 (4)(b)(i) dated 25.11

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