The petitioner approached this Court aggrieved by an order passed by the Munnar Special Tribunal, dismissing the application for restoration of the original petition. The original petition was dismissed for non-prosecution. Thereafter, it was restored on payment of costs. However, after restoring it, the petitioner failed to prosecute the petition. Accordingly, it was dismissed. It is noted in the impugned order that the petitioner failed to prove any valid grounds for condoning delay in filing the application for restoration. Accordingly, the petition was dismissed. It is true that there are certain latches on the part of the petitioner in prosecuting the claim and there is nothing wrong in finding that the petitioner has failed to prove any W.P.(C) No.34780 of 2014 2 valid ground for restoration. However, considering the fact that the petitioner is left with no other remedy to challenge the above order as the challenge is only maintainable before this Court on substantial question of law, I am of the view that the petitioner should be given one more opportunity to prosecute the case.
Considering the above circumstances, Ext.P3 is set aside and the original petition is restored on condition that the petitioner shall deposit an amount of Rs.3,000/- (Rupees three thousand only) to the Kerala Mediation Centre. The costs shall be paid on or before 10.1.2015. If the petitioner produces the receipt along with the judgment, the original petition shall be restored to file and the petitioner shall appear on 15.1.2015.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln