STATE OF KERALA Vs. M G PRESANNA

JUDGEMENT

(1.) Mr. Nishe Rajen Shonker, learned counsel appears for the respondent on caveat and waives further notice. Leave granted. Heard.

(2.) A Writ Petition filed by the respondent was allowed by a learned Single Judge of the Kerala High Court, by order dated 8.4.2009. The appellants filed a review petition in regard to the said order. There was a delay of 305 days in filing the review petition. The Learned single Judge heard the application for condonation of delay and by order dated 1.3.2010 condoned the delay in filing review petition. Ultimately by order dated 9.4.2010, he dismissed the review petition. Thereafter, the appellants filed a writ appeal against the order dated 8.4.2009 of the learned single Judge. A Division Bench of the High Court has dismissed the writ appeal on the ground of delay of 342 days in filing the writ appeal.

(3.) The appellants contended that the review petition filed by them in respect of the learned single Judge's order dated 8.4.2009, was disposed of only on 9.4.2010 and therefore the period spent till 9.4.2010 ought to have been treated as having been properly explained and if that period was excluded, there was no delay in filing the writ appeal. The Division Bench rejected the said contention by holding that even though delay of 305 days in filing the review petition might have been condoned by the learned single Judge, that cannot be treated as sufficient cause for condoning the delay in filing the writ appeal. The said order is challenged in this appeal by special leave.