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The Secretary to Government v. P Arumugam

Madras HC13 Mar 2025CMP(MD)/242/2025

Case brief

AI extract

What is this about?

Condonation of delay; 667 days; writ appeal; W.A.(MD)No.SR.470 of 2025; C.M.P.(MD)No.242 of 2025; Games Fund; sanctioned post; costs Rs.5000; High Court Legal Services Committee Madurai Bench; Department of Higher Education Tamil Nadu; Director of College Education; Mannar Duraisingam Government Arts College Sivagangai; P.Arumugam; J. Nisha Banu; S. Srimathy; decided 13/03/2025; automatic dismissal on non-payment of costs.

What did the court decide?

Delay of 667 days in filing W.A.(MD)No.SR.470 of 2025 condoned, subject to payment of Rs.5000/- (Rupees Five Thousand only) to the High Court Legal Services Committee attached to the Bench forthwith on receipt of a copy of the order; failing payment, the petition stands dismissed automatically without further reference to the Court. ¶22

The Secretary to Government Vs P Arumugam — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the delay of 667 days in filing W.A.(MD)No.SR.470 of 2025 should be condoned. +1 more

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Court's answer

Having found from the records that the amount was paid from the Games Fund, so that the post cannot be considered a sanctioned post, the Court condoned the delay of 667 days in filing the writ appeal, however, on payment of costs.

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Ratio / Principle

Because the amount was paid from the Games Fund, the post cannot be considered a sanctioned post; this finding is the stated basis for condoning the delay.

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Key takeaways

The condonation is conditional: Rs.5000/- (Rupees Five Thousand only) must be paid to the High Court Legal Services Committee attached to the Bench forthwith on receipt of a copy of the order, failing which the petition will be dismissed automatically without any further reference to the Court.ratio¶22

Detailed headnote1 paragraphs

C.M.P.(MD)No.242 of 2025 in W.A.(MD)No.SR.470 of 2025, Madurai Bench of Madras High Court, decided 13/03/2025 (coram: J. Nisha Banu and S. Srimathy, JJ.). Petition by the Secretary to Government, Department of Higher Education, the Director of College Education, the Joint Director of College Education (Madurai Region) and the Principal, Mannar Duraisingam Government Arts College, Sivagangai, to condone a delay of 667 days in filing a writ appeal in which P.Arumugam is the respondent. Finding from the records that the amount had been paid from the Games Fund, so that the post could not be considered a sanctioned post, the Court condoned the delay subject to payment of costs of Rs.5000/- (Rupees Five Thousand only) to the High Court Legal Services Committee attached to the Bench, failing which the petition is to be dismissed automatically without any further reference to the Court.

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C.M.P.(MD)No.242 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )

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Thursday, the Thirteenth day of March Two Thousand and Twenty Five

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PRESENT

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The HONOURABLE MRS. JUSTICE J.NISHA BANU and The HONOURABLE MRS. JUSTICE S.SRIMATHY

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C.M.P.(MD)No.242 of 2025 in W.A.(MD)No.SR.470 of 2025

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1 THE SECRETARY TO GOVERNMENT DEPARTMENT OF HIGHER EDUCATION, STATE OF TAMIL NADU, ST. GEORGE FORT, CHENNAI.

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2 THE DIRECTOR OF COLLEGE EDUCATION, COLLEGE ROAD, DPI COMPOUND, CHENNAI

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3 THE JOINT DIRECTOR OF COLLEGE EDUCATION, MADURAI REGION, MADURAI

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4 THE PRINCIPAL MANNAR DURAISINGAM GOVERNMENT ARTS COLLEGE, SIVAGANGAI, SIVAGANGAI DISTRICT

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... PETITIONER(S)

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

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... RESPONDENT(S)

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C.M.P.(MD)No.242 of 2025

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For Petitioner(s) : Mr.J.Ashok, Additional Government Pleader : For Respondent(s) Mr.S.Chellapandian, Advocate

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ORDER

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This petition is filed to condone the delay of 667 days in filing the above Writ Appeal.

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2.Heard the learned Additional Government Pleader for the petitioners and the learned counsel for the respondent.

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3.It is seen from the records that the amount has been paid from the Games Fund. Therefore, the post cannot be considered as sanctioned post. Therefore, this Court is inclined to condone the delay of 667 days, however, on payment of costs.

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4.Accordingly, this petition is allowed and the delay is condoned on payment of Rs.5000/- (Rupees Five Thousand only) to the High Court Legal Services Committee attached to this Bench forthwith on receipt of a copy of this order, failing which this petition will be dismissed automatically without any further reference to this Court.

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sd/13/03/2025 / TRUE COPY /

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/03/2025

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Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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

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C.M.P.(MD)No.242 of 2025