STATE OF KERALA Vs. N MADHAVAN NAIR

JUDGEMENT

(1.) There is an inordinate delay in filing the appeal. In support of the affidavit filed for condonation delay the explanation of the Government is that after receipt of the order of the learned Single Judge on 22/07/08, in order to implement the directions issued by the learned Single Judge, the Government directed the District Collector and Village Officers to submit necessary report and find out suitable land for assigning to the petitioner. Thereafter, suddenly Government has taken a new stand, not to assign land to the petitioner and to support it's decision, the present appeal is filed challenging the order of the learned Single Judge directing the respondents to locate and assign alternate land or the land mentioned in Ext. P4.

(2.) After hearing the learned Government Pleader who appears for the appellant, it is noticed that even though as per the decision taken by the Government in Ext. P3 as long back as on 10th may, 1999, Government had directed the District Collector, Thiruvananthapuram to assign 50 cents of land to the disabled Ex - Service man who has lost his leg during the War. In Ext. P4 suitable lands were identified and a proposal to assign the land was sent to the Government. But, thereafter as no action was taken, the Writ Petitioner / respondent herein was forced to approach this Court in 2005 by filing the impugned writ petition and by the order dated 19/06/08, the learned Single Judge was pleased to direct the Government to assign an alternate land within a time limit.

(3.) Now it is contended that as the initial decision of the Government of the year 1999 was itself in correct, Government had filed a review petition which is the subject - matter of another Writ Appeal.