Administrative delay in filing appeals lacks sufficient justification; courts must maintain procedural integrity.

JUDGMENT

C.M. Appl. No. 1 of 2025 is an application filed seeking to condone the delay of 3331 days in preferring the appeal.

2. Heard Sri. M. L. Sajeevan, the learned Senior Government Pleader appearing for the State and Sri. R. Rajesh Kormath, the learned Counsel appearing for the respondents.

3. Perused the affidavit accompanying the application for condonation of delay. The reasons stated in the application for condonation of delay read as follows:

“3. After the pronouncement of judgment in AS No.16/2014 dated 02.06.2015, the application for certified copy of the judgment was filed on 24/08/2024, and the copy was ready on 03/09/2024 and the date notified to receive the copy was on 06/09/2024 and the copy was delivered on

07/09/2024.

4. It is submitted that thereafter legal opinion was sought from the concerned Government Pleader regarding the scope of filing appeal. Judgement and decree along with legal opinion was sent to the District Collector for sanction for filing appeal. Thereafter, the District Collector directed the appellant to take necessary steps for filing appeal against the judgment and decree in the above case. So the file forwarded to the Advocate General Office, Ernakulam and placed before the Government Pleader for examining the scope for appeal.

5. It is submitted that later it was decided to file appeal against the common judgment in AS No.16/2014 and AS No.28/2014 of the Subordinate Court, Manjeri. Since the judgment of the First Appellate Court is common, separate regular second appeals has to be filed. In pursuant to this on 26.08.2016 RSA No.917/2016 was filed in AS No.28/2014. But under a mistaken misprision RSA 593/2017 was filed on 31.05.2017 in AS 28/2014 again. When the matter was posted for hearing on 14.08.2024 this mistake was noticed. Thereafter immediately steps were taken against common judgment and decree in AS 16/2014 and certified copy was applied on 30.09.2024 and the same was delivered on 30.09.2024 and the above decree was received in the Advocate General Office on 05.10.2024. Thereafter the Government Pleader prepared appeal and submitted before the Advocate General for approval. On 16.10.204, the same was approval and filed the appeal on 22/10/2024.

6. Therefore it is humbly submitted that because of the above mentioned reasons there is a delay of 3331 days in filing the above appeal against the common judgment and decree in AS 16/2014 of the Subordinate Court, Manjeri. The delay was not due to any willful laches or negligence on the part of the applicants. In the said circumstances, it is most respectfully submitted that this Hon'ble Court may be pleased to condone the delay of 3331 days in filing the above appeal, failing which the applicant will be put to great difficulties and hardship. A separate petition for the above said purpose is filed herewith which may kindly be allowed.”

4. The averments as extracted above show the lackadaisical way the State has prosecuted the appeal. Pertinently, RSA No. 917 of 2016 itself was preferred with a delay. While so, RSA No. 593 of 2017 was preferred against the very same judgment in A.S. No. 28 of 2014. The affidavit accompanying the application for condonation of delay clearly shows that there is no explanation as to why the State did not deem it fit to file the appeal against A.S. No. 16 of 2014.

5. It is indisputable that the RSA Nos.917 of 2016 and 593 of 2017 were considered by this Court on 15.10.2024, when an objection was raised by the respondents regarding the maintainability of the appeals. When the objection was raised, the State sought an adjournment to verify the issues and address the lacunae and the cases were adjourned on 23.10.2024. On 22.10.2024, this present appeal is fil