AYSUMMA Vs. UNION OF INDIA; COMPETENT AUTHORITY; REGISTRAR

JUDGEMENT

(1.) C.M.Appln. No.888 of 2011 is an application to condone the delay of 3942 days in filing the appeal. A statement has been filed on behalf of respondents 1 to 3 opposing the said petition.

(2.) In the affidavit filed in support of the said petition, it is stated that the judgment was delivered on 16.11.2000, by which, the writ petition came to be dismissed. It is stated that the appellant is an illiterate person. The elder son, who had accompanied the appellant, had entrusted the matter to the counsel for filing an appeal and thereafter he had gone abroad. Her husband also gone to North India for job and was working there for quite a long time. The appellant was not aware of the proceedings and in the mean time, she was informed by the lawyer at Calicut that the case was decided in her favour. The respondent authority also did not take any action for about 10 years and thereafter when they attempted to take proceedings against her property, the petitioner made enquiries through her second son, who is a teacher. Her second son had gone to Madras for getting particulars and only on receiving such particulars, it was known that the writ petition came to be dismissed. According to the petitioner, she was not aware of the dismissal of the writ petition and she being an illiterate person, was informed that the case was decided in her favour, which resulted in the delay in filing the appeal.

(3.) In the statement filed on behalf of respondents 1 to 3, it is stated that the delay is not properly explained and there is no sufficient cause for condoning the delay.