Dismissed

P.Jeyachandran v. The Director of School Education Department

Madras HC19 Dec 2024CMP(MD)/10369/2024

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court dismissed a Civil Miscellaneous Petition seeking condonation of an 841-day delay in filing a Writ Appeal. The Court rejected reasons citing office mix-up, illness, and financial crisis due to lack of proof and inadequate explanation.

What did the court decide?

Civil Miscellaneous Petition stands dismissed; Writ Appeal stands rejected.

P.Jeyachandran Vs The Director of School… — Civil Procedure and Limitation | Madras HC (2024)

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C.M.P.(MD).No.10369 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 19.12.2024

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CORAM

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THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

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C.M.P.(MD).No.10369 of 2024

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W.A.(MD).SR.No.46824 of 2024

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P.Jeyachandran ... Petitioner/Appellant

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Vs.

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1.The Director of School Education Department, DPI Complex, College Road,

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Chennai - 600 006.

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2.The District Educational Officer, Madurai District, Tallakulam, Madurai - 625 002.

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3.The Head Master,

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Union Christian Higher Secondary School, Nethaji Road, Near Kattabomman Statue, Periyar Bus Stand, Madurai - 625 001.

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4.The Commissioner, Madurai Corporation, Madurai - 625 002. ... Respondents/Respondents

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PRAYER in C.M.P.(MD).No.10369 of 2024: Civil Miscellaneous Petition

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filed under Section 5 of the Limitation Act, praying to condone the delay of 841

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Page 1 of 5

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https://www.mhc.tn.gov.in/judis

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C.M.P.(MD).No.10369 of 2024

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days caused in filing Writ Appeal before this Court against the order made in W.P.(MD).No.15490 of 2020 dated 06.11.2020.

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PRAYER in W.A.(MD).SR.No.46824 of 2024: Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside the order dated 06.11.2020 passed in W.P.(MD).No.15490 of 2020 on the file of this Court.

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For Petitioner : Mr.A.Rajaram For R-1 & R-2 : Mr.J.Ashok Additional Government Pleader

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ORDER

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(Order of the Court was made by M.S.RAMESH,J.)

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The present application is filed to condone the delay of 841 days in filing

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the Writ Appeal against the order passed in W.P.(MD).No.15490 of 2020 dated 06.11.2020.

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The reason assigned in the present application seeking for condonation

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of delay of 841 days is that the Writ Petition papers were mixed up with the other bundles in the Advocate's office. It is further stated that the petitioner was not well and in financial crisis.

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Page 2 of 5 https://www.mhc.tn.gov.in/judis

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C.M.P.(MD).No.10369 of 2024

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We are not in acceptance with the reasons assigned for the delay. In support of the claim that the petitioner was medically ill, no supporting documents have been produced before this Court.

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The learned counsel for the petitioner made a faint attempt to state that it is owing to COVID-19 pandemic period, the petitioner could not file the Writ Appeal in time. The COVID-19 pandemic was during the year 2020 and this Writ Appeal has been filed in the year 2024 without any proper explanation.

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In this background, we are of the affirmed view that the inordinate delay of 841 days has not been properly explained and hence, this Civil Miscellaneous Petition stands dismissed. Consequently, W.A.(MD).SR.No. 46824 of 2024 stands rejected.

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(M.S.R.,J.) (A.D.M.C.,J.) 19.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The Director of School Education Department, DPI Complex, College Road, Chennai - 600 006.

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Page 3 of 5

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https://www.mhc.tn.gov.in/judis

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C.M.P.(MD).No.10369 of 2024

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2.The District Educational Officer, Madurai District, Tallakulam, Madurai - 625 002.

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3.The Commissioner, Madurai Corporation, Madurai - 625 002.

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Page 4 of 5

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https://www.mhc.tn.gov.in/judis

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C.M.P.(MD).No.10369 of 2024

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M.S.RAMESH,J. and A.D.MARIA CLETE,J.

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C.M.P.(MD).No.10369 of 2024 in W.A.(MD).SR.No.46824 of 2024

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19.12.2024

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Page 5 of 5 https://www.mhc.tn.gov.in/judis

P.Jeyachandran v. The Director of School Education Department

Case brief

What is this about?

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P.Jeyachandran v. The Director of School Education Department

Case brief

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