These Writ Petitions are filed challenging the orders passed by the Munnar Special Tribunal dismissing the applications filed to restore original petitions dismissed for default. It seems, petitioners have not diligently prosecuted the case and on account of that, the Tribunal was constrained to dismiss the original petitions. Thereafter the present applications for restoration of the original petitions have been dismissed and cost was imposed on the petitioners to pay `1000/- each.
2. I am of the view, when petitioners explained reasons for non appearance when the case was posted, the Tribunal ought to have accepted such explanation. The attempt of the Tribunal so far as possible is to dispose the matters on merit instead of dismissing the cases on default. The Tribunal has power to restore the suit dismissed for default. This Court in W.P(C).No.26914 of 2014 held that; challenge in regard to order of dismissal is maintainable under Article 226 of the Constitution.
In view of the above, all impugned orders are set aside. There shall be a direction to the Tribunal to restore the original W.P(C).Nos.26955, 27037, 27038 and 27039 of 2014 2 petitions dismissed for default on file. However, petitioners shall pay the cost as ordered in the impugned orders on or before 04.11.2014. It is made clear that if the petitioners fail to remit cost as ordered, petitioners will not be entitled to get the benefit of this judgment.
The Writ Petitions are disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/16/10/14