This circular from the Government of Kerala Law Department provides instructions for filing appeals in court within statutory time limits. It notes that the High Court criticized a lower-level clerk filing an affidavit to condone a delay. The circular instructs that: 1) Government law officers must timely report case results and mention appeal deadlines. 2) Collectors must take prompt action to file appeals upon receiving these reports. 3) Heads of Departments must also request appeals be filed if state interests are affected. 4) Only responsible officers with case knowledge can file affidavits to condone delays, not lower-level staff. 5) Laxity in timely appeals will be seriously viewed and delinqu

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2. GOVERNMEN202EAKERALA
d/2022/INSPECTION (LAW)
Law (lnspection Wing) Department
CIRCULAR
No. 1047313395/1aw Dated, Thirmvananthapuram, 61h November, 1995
Saub:-Filing of appcals within limitation time and competency of the office
filing aflidavit before the cour
Ref. eter No. C'l-54/93/LAA dated 5-7-1995 fromm Advocate General,
Kerala, Emakulam.
The Hon ble High Court of Kerala, whilc disposing of the LAA S4/93 fiie
by the state against the decision in LAR 328/87 of the Sub Court
Thivanathapuram has observed that a responsible officer has to file affidavit in
Support of the application to condone delay and that officer wh0 can take up
responsibility of the averments. in the affidavit to be filed in support of the
application and who has got the correct informätion how the delay wa
occasioned. should file the affidavit. The court has severly criticised the
Government for deputing an U. D. Clerk of the Collectorate, Thiruvananthapuran
for filing affidavit in support of the application for the condonation of delay. The
court has also observed that large number of appeals are filed before the cour
with application to condone the delay in filing appeals and also critícised this
unhealthy practice and reminded that (Government should consider that the
Statute of limitation is in all force applicable to Government also. In the light of
the observation made by the Hon. High Court, the following instructions are
issued for the strict compliance by the Government Officials and Govemment Law
Officers.
The Government Law Officers conducting Government cases should
timely report the result of the case to the concerned Department and the
concerned District Collector with their legal opinion. If appeal has to be filed
they should also mention the last date for filing the appeal along with their legal
opinion.
2. The District Collector concerned should take immediate follow up
action to file appeals on receipt of the report from the Law Officers.
3. The Heads of Departments should also request the Distriet C'ollectors
Conterned to file appeals in cases where States in1erest are affected soon on
intimation of the results of the cases from any source and furnish the required
details to the District Collector as well as the Government Law Officer in charge
of the case forthwith. The Government Officers/District Collectors and the Heads
0f
Departments concerned will see that he delay in getting copies ot the
Decrees/J udgements etc.. by them shall not be a reason for the delay in tiling
appcal.
When the delay in filing appeal is due to unavoidable reasons a
4.
esponsible of
ncible oficer well conversant with the facts of the case, who can take
cnonsibility of the averments the affidavit to be filed in support of the
ication shall be authorised to file the alfidavit and in no case lower level
ers shall be entrusted witlh the responsibility of filing the affidavit.
o l i i c e
5. The laxity in filing appeals in time should be viewed seriosly and
rion taken against the delinquents for any lapses found on their part
C. KuaI I),
Law Secrelary