Challenge Is Wholly ‘Atrocious’: Kerala HC Imposes ₹2L Cost On State Govt. For Delay In Assailing Single Judge’s Order

The Kerala High Court imposed a cost of Rs. 2 lakhs on the State Government for delay in challenging the order of the Single Judge.

The State had assailed the direction of the Single Judge by filing an intra court appeal with an application seeking condonation of delay of 80 days.

A Division Bench of Justice Amit Rawal and Justice Easwaran S. remarked, “It is settled law that if the party does not come to the Court with clean hands, can be thrown out at any stage of the trial with exemplary cost. As noticed above, there is not even a single whisper with regard to the steps taken in compliance of the directions of the Single Judge. Even otherwise, the interest of the Government had already been protected in paragraph 8 and 9 of the judgment extracted supra. For the reasons aforementioned, we are of the view that the challenge is wholly atrocious, fallacious, repugnant and aberrative.”

Senior GP A.J. Varghese appeared for the appellants while Senior Advocate Jaiju Babu and Advocate Brijesh Mohan appeared for the respondent.

Brief Facts -

A direction of the Single Judge was assailed in an intra court appeal on behalf of the State with an application seeking condonation of delay of 80 days on the premise that the said direction, if construed in the letter and spirit, would have far-reaching consequences and open a Pandora's box for all other management of the schools, who have been denied the benefit of the Challenge Fund Scheme promulgated in 2018, whereby, the Government had decided to spend 50% of the cost of construction/renovation.

While considering the prayer for condonation of delay of 80 days, it was stated that the delay occurred on account of receiving certain documents from the Department for preferring the writ appeal. The senior counsel for the respondent objected on the premise that there was wilful concealment of certain factors after passing of the judgment and filing of the intra court appeal.

The High Court after hearing the contentions of the counsel observed, “In pursuance to the aforementioned directions, already steps as noticed above have been taken, but the matter is still kept reserved and only on receipt of the contempt notice, the Government has woken up from slumber in assailing the order. We are unable to fathom as to how and in what manner, a fresh course of action had accrued for challenging the order of the Single Bench when already all steps have been taken in compliance of the same judgment.”

The Court added that such practice should not be adopted at the end of the Department as well as the Legal Department of the State as it unnecessarily delays the adjudication of the controversy pending before the competent Authority.

“We cannot remain oblivious of the fact that the matter was taken up yesterday and after noticing the fact that steps have already been taken while implementing the judgment of the Single Judge, we permitted the Government Pleader to withdraw the appeal. However, request was made to hear the matter on merits and therefore, it was listed for today as spoken to”, it further noted.

The Court, therefore, directed that a cost of Rs. 2 lakhs be paid to the respondent by the State and then the same be realised from the legal officers who had taken a decision to file the writ appeal.

Accordingly, the High Court dismissed the appeal and imposed a cost on the State Government.

Cause Title- State of Kerala & Ors. v. The Manager, Ebenezer Higher Secondary School (Neutral Citation: 2024:KER:59838)

Appearance:

Appellants: Sr. GP A.J. Varghese

Respondent: Senior Advocate Jaiju Babu, Advocates Brijesh Mohan, M.U. Vijayalakshmi, and Sachin Ramesh.

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