The Madras High Court dismissed a miscellaneous petition seeking condonation of a 1686-day delay in filing a Writ Appeal. The court found the petitioner's affidavit regarding health issues vague and unsubstantiated, failing to show sufficient cause for the significant delay.
No order for condonation of delay; Writ Appeal rejected.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.04.2017
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
C.M.P.(MD).No.3253 of 2017 IN W.A.[MD].(SR)No.15439 of 2015
M.Kasamuthu, : Petitioner / Appellant
Vs.
1.The Additional Director General of Police,
Law and Order, Chennai-4.
2.The Deputy Inspector General of Police,
Tirunelveli District, Tirunelveli.
3.The Superintendent of Police, Thoothukudi District, Thoothukudi. : Respondents/ Respondents
Prayer in C.M.P(MD)No.3253 of 2017:- Petition filed under Section 5 Limitation Act, to condone the delay of 1686 days in filing the Writ Appeal.
Prayer in W.A(MD)SR.No.15439 of 2015:- Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 02.12.2010 made in W.P(MD).No.2489 of 2006, on the file of this Court.
For Petitioner : Mr.S.Muthalraj For Respondents : Mr.S.Chandrasekar, Government Advocate.
ORDER
*************
[ Order of the Court was made by T.S.SIVAGNANAM, J.]
Heard Mr.S.Muthalraj, learned counsel appearing for the petitioner and Mr.S.Chandrasekar, learned Government Advocate, appearing for the respondents.
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Petition, except stating that the petitioner had developed with blood pressure and sugar and he was admitted in the hospital in the year 2012 up to the year 2013 and thus, he was unable to file Writ Appeal in time, there is no plausible reason given by the petitioner. The affidavit filed in support of the Miscellaneous Petition, apart from being vague, remains unsubstantiated. Since the petitioner has failed to show sufficient cause to condone the inordinate and unexplained delay of 1686 days in filing the Writ Appeal, we are not inclined to entertain the matter.
Sd/-
Assistant Registrar (CO)
/True copy/
Sub Assistant Registrar
To
1.The Additional Director General of Police, Law and Order, Chennai-4.
2.The Deputy Inspector General of Police, Tirunelveli District, Tirunelveli.
3.The Superintendent of Police,
Thoothukudi District,
Thoothukudi.
NB/MYR
PSM/MMS/05.05.2017/2P/4C
ORDER MADE IN C.M.P.(MD).No.3253 of 2017 IN W.A.[MD].(SR)No.15439 of 2015 21.04.2017
2 issues framed by the court
Whether cause is shown for condoning the delay of 1686 days in filing the writ appeal.
Whether the petitioner's affidavit regarding health issues substantiates the inordinate delay.
1 provisions across 1 enactments
M. Kasamuthu
The Additional Director General of Police, Law and Order, Chennai
The Deputy Inspector General of Police, Tirunelveli District
The Superintendent of Police, Thoothukudi District
T.S. Sivagnanam
P. Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
