N K MOIDEEN Vs. KERALA STATE CIVIL SUPPLIES

JUDGEMENT

(1.) AGGRIEVED by a judgment dated 19.02.2008 in W.P. (C) No.6560 of 2005, the unsuccessful petitioner preferred the instant appeal.

(2.) THE writ petition was filed with the prayer as follows:

(3.) EXT.R1(b)which is the subject matter of challenge in the abovementioned I.A. is dated 04.03.2003. It appears from the record that the said I.A. was allowed on 26.11.2009 without notice to the respondents. It may be mentioned here that the appeal itself was presented with a delay of 611 days. On the application to condone the delay in preferring the appeal, i.e. C.M.Appl. No.1234 of 2009, notice was ordered on 26.11.2009. In other words, even before the delay in preferring the appeal is condoned, amendment petition came to be allowed. We do not propose to go into the circumstances under which such an order came to be passed. The operative portion of EXT.R1(b) reads as follows: