This order dismisses a miscellaneous petition filed under Section 5 of the Limitation Act to condone a 73-day delay in filing a writ appeal. The court found the petition an abuse of process as the respondent had already retired and the matter lacked merit.
The miscellaneous petition for condonation of delay is dismissed; the writ appeal is rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.06.2019
CORAM:
THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN
AND
THE HONOURABLE MR. JUSTICE P.T. ASHA
C.M.P. No.10431 OF 2019
in
W.A.Sr.No.50183 of 2019
1.The Chief Director, Highways Department, Government of Tamil Nadu, Guindy, Chennai 25
2.The Chief Secretary/Special Secretary Highways Department and Small Ports, (HK) Department) Secretariat, Fort St.George, Chennai 600009 ... Petitioner
versus
Er.C.Murugesan ... Respondent
Petition filed under Section 5of the Limitation Act 5 of the Limitation Act to condone the delay of 73 days in filing the writ appeal against the order dated 9.1.2019 in W.P.No.17991 of 2018.
For petitioners : Mrs.A.Srijeyanthi, Spl.G.P.
For Respondent : Er.c.Murugesan, party in person
O R D E R
(made by K.K.SASIDHARAN, J.)
This petition is filed to condone the delay of 73 days in filing the
intra court appeal, challenging the order dated 9 January 2019 in W.P.No.17991 of 2018.
2
the said process, there is a delay of 73 days.
Court. The proceedings initiated against the respondent were all dropped subsequently by the Department. Even then, the respondent was not given promotion on the ground that he attained the age of superannuation and retired from service on 31 December 2003. The Department immediately thereafter promoted his junior as Divisional Engineer. The fact that the Highways Department prepared a panel for appointment to the post of Divisional Engineer on 1 January 2004, immediately after the retirement of the respondent on 31 December
2003 shows the mala fide exercise of power.
court appeal is sought to be filed once again to drag the respondent
3
into a midst of litigation.
The reasons given by the petitioners in the miscellaneous petition would not amount to valid reasons for condoning the delay. We are therefore of the view that the miscellaneous petition deserves to be
dismissed.
court appeal in W.A.Sr.No.50183 of 2019 is rejected, consequent to
the dismissal of the miscellaneous petition for condonation of delay.
(K.K.SASIDHARAN, J.) (P.T. ASHA, J.)
19.06.2019
Index: Yes/no tar
4
K.K.SASIDHARAN, J.
and P.T. ASHA, J.
(tar)
C.M.P. No.10431 OF 2019
in
W.A.Sr.No.50183 of 2019
19.06.2019
2 issues framed by the court
Whether the delay of 73 days in filing an intra court appeal can be condoned on the ex parte affidavit sworn by the Director General.
Whether the stated reasons for the delay amount to valid justification for condonatioo of delay.
1.The Chief Director, Highways Department, Government of Tamil Nadu and 2.The Chief Secretary/Special Secretary Highways Department and Small Ports
Er.C.Murugesan
K.K.SASIDHARAN
P.T. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
