Kerala HC Flags 'Callous' Attitude Of Govt Officials In Conducting Litigation In Timely Manner, Suggests State To Enact Law To Avoid Unnecessary Delays

The Kerala High Court has recently criticized the conduct of government officials in conducting litigation on time, and requested the government to consider the enactment of legislation to prevent delays in litigation due to the same.

A single judge bench of Justice A. Badharudeen noted the consequences of delays on the part of state officials in conducting litigations in a timely manner.

The court criticized the negligent attitude of the authorities and stated that “there should be some effective mechanism to realize the loss caused to the Government due to inaction and dereliction by the officials.”

Such instances noted with extreme displeasure, utmost anxiety and seriousness and there should be some effective mechanism to realize the loss caused to the Government due to inaction and dereliction by the officials. Therefore, the appropriate Governments are hereby requested to consider enactment of an exhaustive legislation to deal with this menace, it held.

The court went on to state that such conduct was 'shocking' and that there was a sense of callous negligence or lackadaisical attitude on the part of the officials of the Government to conduct litigations, timely and properly, to protect the interest of the State, the property and money of the public at large though they are duty bound to be vigilant in this regard.

The issue arose in an appeal by the State against the dismissal of an application for condonation of delay of 1427 days by the first appellate court. The Government Pleader argued that the delay be condoned based on the merits of the matter before the first appellate court.

The court remarked that while condonation of delay under Section 5 of the Limitation Act only requires 'sufficient cause' to be proved before the bench, delayed submissions ought to be treated sternly and a liberal approach cannot be extended.

The court observed that the delay in submissions would be detrimental and cause loss to public property and public money.

However, the Court noted that as part of the liberal and justice-oriented approach by the courts, some concession could be provided to the State, in order to protect the interest of the public at large, and allowed the plea for condonation of delay.

Citation: 2024 LiveLaw (Ker) 127

Counsel for Petitioners: Advocate Denny K Devassy, Government Pleader

Counsel for Respondents: Advocates PB Subramanyan, PB Krishnan, Sabu George and Manu Vyasan Peter