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C.S.PARAMESWARAN PILLAY versus STATE OF KERALA

High Court of Kerala

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C.S.PARAMESWARAN PILLAY v. STATE OF KERALA - OP No. 27786 of 1999(G) [2007] RD-KL 692 (10 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 27786 of 1999(G)

1. C.S.PARAMESWARAN PILLAY
... Petitioner

Vs

1. STATE OF KERALA
... Respondent

For Petitioner :SRI.S.P.ARAVINDAKSHAN PILLAY

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice S.SIRI JAGAN

Dated :10/01/2007

O R D E R

S. SIRI JAGAN, J.

```````````````````````````````````````````````````` O.P. No. 27786 OF 1999 G ````````````````````````````````````````````````````

Dated this the 10th day of January, 2007



J U D G M E N T

In this original petition, the petitioner challenges Ext.P3, P6 and P9. Ext.P3 is the order imposing punishment on the petitioner pursuant to disciplinary proceedings and Exts.P6 and P9 are orders in appeal and revision respectively. Ext.P9 order is passed as early as on 26.5.1997. The original petition is filed on 6.11.1999. Therefore, unless the petitioner explains the long delay of 2= years the petitioner cannot successfully maintain this original petition. The only explanation given by him is that because of the harassment meted out to the petitioner by way of suspension and disciplinary action while in service and even after his retirement, the petitioner became ill both physically and mentally. He also submits that he occasionally looses his memory. Under the above circumstances, he submits that he could not challenge the impugned order in time. I am not inclined to accept this explanation in the absence of any material before me in support of his contention. On the other hand, I find that the petitioner had no difficulty in challenging the original order as well as the appellate order in time. In the above circumstances, I am of the opinion that the original petition is liable to be dismissed on that ground of unduly long, unexplained delay and laches. Accordingly, the original petition is dismissed.

(S. SIRI JAGAN, JUDGE)

aks

S. SIRI JAGAN , J.

OP No.27786/99 G

J U D G M E N T

10th January, 2007


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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