H.David Sudhakaran Vs P.Madhavan — Madras HC (2025) — LawSathi Research

H.David Sudhakaran Vs P.Madhavan — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 358 days in filing W.A.(MD)No.SR 11865 of 2024 condoned on payment of Rs.2,000/- to the High Court Legal Services Committee attached to the Madurai Bench; on production of the deposit receipt the Registry to number the writ appeal, if papers are otherwise in order, and list it along with W.A.(MD)No.1577 of 2023; automatic dismissal of the petition if the cost is not paid.

Issue for consideration

Whether the Court should condone the delay of 358 days in filing the writ appeal W.A.(MD)No.SR 11865 of 2024, and on what conditions.

Court's answer

Being satisfied with the reasons stated in the supporting affidavit and with respondents 1 to 6 raising no objection, the Court inclined to condone the delay of 358 days in filing the writ appeal, however, on payment of costs.

Ratio / Principle

Condonation was effected by allowing the petition on payment of Rs.2,000/- to the High Court Legal Services Committee attached to the Bench, forthwith on receipt of a copy of the order; failing such payment, the petition will stand dismissed automatically without any further reference to the Court.

Key takeaways

Upon production of the receipt for the cost deposit, the Registry is directed to number the writ appeal, if the papers are otherwise in order, and to list it along with W.A.(MD)No.1577 of 2023.ratio¶33

Detailed headnote1 paragraphs

C.M.P.(MD)No.2423 of 2024 in W.A.(MD)No.SR 11865 of 2024 — Madurai Bench of Madras High Court, 25/04/2025 (Order by J.Nisha Banu, J.; S.Srimathy, J. present): Petitioner H.David Sudhakaran sought condonation of a 358-day delay in filing his writ appeal against P.Madhavan, the State of Tamil Nadu (School Education Department) and connected education authorities, and M.N.M.S.P.S.N. Higher Secondary School. Satisfied with the affidavit reasons and noting that respondents 1 to 6 raised no objection, the Court allowed the petition and condoned the delay on payment of costs of Rs.2,000/- (Rupees Two Thousand only) to the High Court Legal Services Committee attached to the Bench, forthwith on receipt of a copy of the order, failing which the petition would be dismissed automatically without further reference. On production of the deposit receipt, the Registry is to number the writ appeal, if the papers are otherwise in order, and list it along with W.A.(MD)No.1577 of 2023. Respondents 7 and 8 did not appear despite notice.

CMP(MD) No.2423 of 2024

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

Friday, the Twenty Fifth day of April Two Thousand and Twenty Five

PRESENT

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

C.M.P.(MD)No.2423 of 2024 in

W.A.(MD)No.SR 11865 of 2024

H.DAVID SUDHAKARAN ... PETITIONER

Vs

1 P.MADHAVAN

2 THE STATE OF TAMILNADU REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, SCHOOL EDUCATION DEPARTMENT , FORT.ST.GEORGE, CHENNAI-9

3 THE DIRECTOR OF SCHOOL EDUCATION, DPI CAMPUS, COLLEGE ROAD, CHENNAI 600 006

4 THE JOINT DIRECTOR OF SCHOOL EDUCATION(HIGHER SECONDARY), DPI CAMPUS, COLLEGE ROAD, CHENNAI-600 006

5 THE CHIEF EDUCATIONAL OFFICER https://www.mhc.tn.gov.in/judis O/O. CHIEF EDUCATIONAL OFFICE,VIRUDHUNAGAR DISTRICT.

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CMP(MD) No.2423 of 2024

6 THE DISTRICT EDUCATIONAL OFFICER, O/O. THE DISTRICT EDUCATIONAL OFFICE VIRUDHUNAGAR DISTRICT.

7 M.N.M.S.P.S.N. HIGHER SECONDARY SCHOOL, REP.BY ITS SECRETARY, MALLAKINAR, ARUPPUKKOTAI, VIRUDHUNAGAR DISTRICT.

8 P.JEYAPRAKASAM THE SECRETARY, M.N.M.S.P.S. N.HIGHER SECONDARY SCHOOL, MALLAKINAR, ARUPUKKOTTAI, VIRUDHUNAGAR DISTRICT.

... RESPONDENTS

For Petitioner : Mr.H.Mohamed Imran, Advocate for M/s.Ajmal Associates For Respondent : Mr.G.Karthick, Advocate for M/s.Roy & Roy Associates for R1 Mr.S.S.Madhavan, Additional Government Pleader for R2 to R6 R7 & R8 – No appearance

ORDER

(Order of the Court was made by J.NISHA BANU, J.)

This petition is filed to condone the delay of 358 days in filing the above Writ Appeal.

2.Heard the learned counsel for the petitioner and the learned Additional

Government Pleader for the respondents 2 to 6 and the learned counsel for the first

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

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CMP(MD) No.2423 of 2024

respondent. Though notice has been served on the respondents 7 and 8, none appeared on their behalf.

3.Being satisfied with the reasons stated in the affidavit filed in support of this petition and taking into consideration that the respondents 1 to 6 have got no objection to condone the delay, this Court is inclined to condone the delay of 358 days, however, on payment of costs.

4.Accordingly, this petition is allowed and the delay is condoned on payment of Rs.2,000/- (Rupees Two 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.

5.On production of receipt for such deposit, the Registry is directed to number the writ appeal, if the papers are otherwise in order and list the same along with W.A.(MD)No.1577 of 2023.

sd/-

25/04/2025

/ TRUE COPY /

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

/05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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CMP(MD) No.2423 of 2024

ta

COPY TO:

1 THE OFFICER INCHARGE, HIGH COURT LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE SUB ASSISTANT REGISTRAR, AE SECTION,

MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN C.M.P.(MD)No.2423 of 2024 in W.A.(MD)No.SR 11865 of 2024 Date :25/04/2025

MK/SAR /06.05.2025 4P/3C

Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

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

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