Dismissed¶21

The District Educational Officer v. S Jayanthi Nirmala Rani

Condonation of delay – Section 5, Limitation Act

Madras HC11 Jul 2025CMP(MD)/9726/2025

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What is this about?

Madras High Court, Madurai Bench; C.M.P.(MD).No.9726 of 2025 in Rev.Aplc(MD).SR.No.49182 of 2025; condonation of delay; Section 5 of Limitation Act; 186 days delay; review application; W.A.(MD).No.2346 of 2024 dated 13.11.2024; inordinate delay; day-wise delay not explained; District Educational Officer (Elementary Education) and Block Educational Officer, Thiruppathur, Sivagangai District; respondents S. Jayanthi Nirmala Rani and Correspondent, R.C. Fatima Middle School; advocate J. Ashok, Additional Government Pleader; petition dismissed on 11.07.2025 by M.S. Ramesh J.

What did the court decide?

Apart from stating that the file was pending before the higher officials, each and every day's delay in filing the review application has not been explained. ¶20

The District Educational Officer Vs S Jayanthi Nirmala Rani — Madras HC (2025) — LawSathi Research

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C.M.P.(MD).No.9726 of 2025 in Rev.Aplc(MD).SR.No.49182 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 11.07.2025

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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.9726 of 2025 in Rev.Aplc(MD).SR.No.49182 of 2025

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1.The District Educational Officer, (Elementary Education), Sivagangai District.

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2.The Block Educational Officer, Thiruppathur – 630 211, Sivagangai District. ...Petitioners

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Vs.

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1.S.Jayanthi Nirmala Rani

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2.The Correspondent, R.C. Fatima Middle School, Tiruppathur – 630 211, Sivagangai District. ...Respondents

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Prayer: Petition filed under Section 5 of Limitation Act to condone the delay of 186 days in filing the review application against the impugned order dated 13.11.2024 passed in W.A.(MD).No.2346 of 2024.

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For Petitioners : Mr.J.Ashok, Additional Government Pleader

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

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Page 1 of 3

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C.M.P.(MD).No.9726 of 2025 in Rev.Aplc(MD).SR.No.49182 of 2025

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ORDER

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

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In the present petition, the petitioners seek for condonation of 186 days of delay in filing the review application.

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2.The reason assigned in the affidavit, seeking for condonation of delay of 186 days in filing the review application, is that after the order copy was received on 05.05.2025, the petitioners had sought for the higher authorities' opinion for filing a review and thus, the delay. Apart from stating that the file was pending before the higher officials, each and every days delay has not been explained.

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We find that the delay of 186 days in taking a decision to file a review application is inordinate. In these circumstances, we are not inclined to entertain the prayer and hence, the Civil Miscellaneous Petition stands dismissed.

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Sd/11/07/2025

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// True Copy //

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/ /2025 Sub Assistant Registrar (CS- I/ II / III / IV)

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hvk

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

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