RAJAN ALIAS KRISHNANKUTTY NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) Legal right is a situation of assertion in a given legal system. This situation is meaningful only when it is enforceable at law. There are many legal situations to be seen as merely innocuous because under a legal system they cease to be enforceable. Apart from many illustrative events, the concepts of law of limitation results into many legal rights becoming unenforceable at law. The court exercising extraordinary jurisdiction under Art. 226 of the Constitution of India, with its inherent limitation, has to be much conscious and circumspect especially when the cause at its inception in such proceeding is far out of limitation even under the ordinary civil law of limitation in the context.

(2.) Even under the law of limitation, it is the duty of the court (S.3 of the Limitation Act) to see that the cause of action and the institution of the proceeding are legally correlated by the required provision of the limitation. In a writ petition, the question is perceived by the consideration of delay and laches. Although the principle yields to the aspect of justicc and if the justice demands the delay and laches should (sic) into insignificance in comparison and alternative remedies and its efficaciousness would not deter if injustice is writ large on the surface, if it is found that the cause of action is hopelessly barred by limitation, even under the ordinary law, the writ court has to remember its extraordinary jurisdiction and judicial nature in the context. These aspects would certainly disturb the court for a long way.

(3.) There are reasons also. Facts and events not only for their consideration to draw necessary conclusions really submerge and become really dim by a passage of time taken by the petitioner to require the court to consider them in the context. The above features guide this court to consider the factual matrix.