Government petitioners sought condonation of a 700-day delay in filing a writ appeal against a 2021 writ petition order. The court found key periods of internal departmental delay unexplained and dismissed the condonation petition, consequently rejecting the writ appeal at the registration stage.
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.
C.M.P.(MD).No.3424 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.12.2024
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
C.M.P.(MD).No.3424 of 2024
in
W.A.(MD).SR.No.16533 of 2024
... Petitioners/Appellants
Vs.
Y.Suresh Kumar ... Respondent/Respondent
Page 1 of 4
C.M.P.(MD).No.3424 of 2024
PRAYER in C.M.P.(MD).No.3424 of 2024: Civil Miscellaneous Petition filed under Section 5 of Limitation Act, praying to condone the delay of 700 days in filing the Writ Appeal against the order dated 10.12.2021 made in W.P. (MD).No.7624 of 2017.
PRAYER in W.A.(MD).SR.No.16533 of 2024: Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside the order, dated 10.12.2021 passed in W.P.(MD).No.7624 of 2017 on the file of this Court and allow this Writ Appeal.
For Petitioners : Mr.S.Shaji Bino Special Government Pleader For Respondent : Mr.N.Dilipkumar
ORDER
(Order of the Court was made by M.S.RAMESH,J.)
The present application is filed to condone the delay of 700 days in filing the Writ Appeal against the order passed in W.P.(MD).No.7624 of 2017 dated 10.12.2021.
Page 2 of 4
C.M.P.(MD).No.3424 of 2024
from the Additional Advocate General on 17.03.2022. The legal opinion was forwarded to the Director General of Police only on 17.08.2022 after about five months, which delay has not been properly explained. Even thereafter, the Director General of Police has sent the draft appeal to the Government for approval on 24.02.2023, which was kept under cold storage till 24.01.2024. The inordinate delay for one year during this period has not been explained in the affidavit filed in support of the present petition. As such, we are not inclined to entertain the present application.
Consequently, W.A.(MD).SR.No.16533 of 2024 stands rejected.
(M.S.R.,J.) (A.D.M.C.,J.) 02.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm
Page 3 of 4
C.M.P.(MD).No.3424 of 2024
M.S.RAMESH,J. and A.D.MARIA CLETE,J.
Lm
C.M.P.(MD).No.3424 of 2024 in W.A.(MD).SR.No.16533 of 2024
02.12.2024
Page 4 of 4
1 issue framed by the court
Whether the unexplained administrative delay of 700 days in filing the writ appeal could be condoned under Section 5 of the Limitation Act?
2 provisions across 2 enactments
The Principal Secretary to the Government, Home Department, Chennai
The Director General of Police, Chennai
The Deputy Inspector General of Police, Salem Range
The Superintendent of Police, Dharmapuri District
The Deputy Superintendent of Police, Kulithalai Range, Karur District
Y.Suresh Kumar
M.S.Ramesh
A.D.Maria Clete
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
