This petition sought condonation of a 79-day delay in filing a Writ Appeal under Section 5 of the Limitation Act. The Court found the reasons sufficient, noted lack of objection from appearing counsel, and condensed the delay.
Delay of 79 days in preferring the Writ Appeal is condoned; the petition is ordered.
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CMP. 26160 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-12-2024 CORAM
THE HONOURABLE MR JUSTICE S.S. SUNDAR AND THE HONOURABLE MR.JUSTICE P. DHANABAL
CMP. 26160 of 2024 in W.A.SR.No.140055 of 2024
L.SUSHEELA
W/O. LATE LAKSHMANAN, NO.10, BHRATHIDASAN STREET, BHARATHIYAR NAGAR, THANDARAI, PATTABIRAM, CHENNAI600 072 AND ANOTHER
APPELLANT(S)
Vs
THE STATE OF TAMILNADU
REP BY INSPECTOR GENERAL OF REGISTRATION, SANTHOME HIGH ROAD, CHENNAI-600 028 AND 8 OTHERS
RESPONDENT(S)
Prayer in C.M.P.No.26160 of 2024 : Civil Miscellaneous Petition filed under Section 5 of the Limitation Act to condone the delay of 79 days in preferring the Writ Appeal against the order dated 18.03.2024 passed in W.P.SR.No.164204 of 2024.
Prayer in W.A.SR.No.140055 of 2024 : Writ Appeal filed under Clause 15 of Letters Patent against the order dated 18.03.2024 passed in W.P.SR.No.164204 of 2024 on the file of this Court.
For Appellant(s):
MR.R.SELVAKUMAR
For Respondent(s):
NO APPEARANCE FOR R1 TO R3 MR.A.SELVENDRAN, SPECIAL GOVERNMENT PLEADER FOR R4 AND R5 MR.A.R.SURESH FOR R6 TO R9
ORDER
(Order of the Court was made by the Hon'ble S.S. Sundar J)
This petition is filed to condone the delay of 79 days in preferring the above Writ Appeal.
2.Mr.A.Selvendran, learned Special Government Pleader takes notice for the respondents 4 and 5. Mr.A.R.Suresh, learned counsel, takes notice for the respondents 6 to 9. Both the learned counsel have no serious objection in allowing this petition. However, today, there is no representation on behalf of respondents 1 to 3. Though notice sent through Court to respondents 2 and 3 have not yet returned, private notice has been served on respondents 1 to 3. Therefore, this Court is inclined to consider the application on merits.
3.The petitioners, in the affidavit filed in support of the petition, have given sufficient cause for the delay. This Court is convinced with the reasons stated in the affidavit filed in support of the petition. Since the delay has been properly and satisfactorily explained, the delay is condoned and this petition is ordered.
(S.S. SUNDAR J.) (P. DHANABAL J.) 10-12-2024
M. KANNAN
2 issues framed by the court
Whether condonation of delay of 79 days in filing a Writ Appeal is permissible on sufficient cause.
Whether the Court can adjudicate the application on merits despite absence of representation for some respondents.
1 provisions across 1 enactments
L. SUSHEELA
THE STATE OF TAMILNADU
S.S. Sundar
P. Dhanabal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
