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Kumaresan v. S.Siva

Condonation of delay – Section 5, Limitation Act

Madras HC3 Feb 2026CMP/2478/2026

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What is this about?

Madras High Court, CMP No. 2478 of 2026 in WA. Sr.No.8373 of 2026, decided 03-02-2026 (R. Suresh Kumar J. and Shamim Ahmed J.): condones 39-day delay under Section 5 of the Limitation Act for filing writ appeal against judgment in WP.No. 8916/2025 dated 04.11.2025; appellants are Additional Superintendents of Police; notice to private respondents dispensed with; appeal to be tagged with pending W.A.Nos.3693, 3689, 3688, 3604 and 3606 of 2025; Registry to number and list for admission.

What did the court decide?

Delay of 39 days in filing the writ appeal (WA Sr.No.8373 of 2026) condoned; notice to private respondents dispensed with at the condonation stage; Registry to number the appeal and place it for admission if papers are otherwise in order. ¶40

Kumaresan Vs S.Siva — Madras HC (2026) — LawSathi Research

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CMP No. 2478 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 03-02-2026

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CORAM

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THE HON'BLE MR JUSTICE R. SURESH KUMAR

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AND

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THE HON'BLE MR.JUSTICE SHAMIM AHMED

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CMP No. 2478 of 2026 in WA. Sr.No.8373 of 2026

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Kumaresan

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S/O. P.Ramasamy Additional Superintendent of Police, Crime against Women and Children Greater Chennai Police 3A, CID Police Quarters, Mandavali, Chennai 600028.

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Antony Ari

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S/o S.Arokianathan, Additional Superintendent of Police, Vigilance Cell (Judicial) Cuddalore Unit, Cuddalore

..Appellant(s)

1. S.Siva

S/o.Sankaralingam, Assistant Commissioner Of Police, Central Crime Branch,

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Page1 of 4

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

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CMP No. 2478 of 2026

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Greater Chennai Police,

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Vepery, Chennai-600 007. & 20 Ors.

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..Respondent(s)

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Civil Miscellaneous Petition filed under Section 5 of Limitation Act, to condone the delay of 39 days in filing the above writ appeal challenging the passed in WP.No. 8916/2025 dated 04.11.2025

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For Appellant : Mr. S. Thanka Sivan

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For Respondent(s): Mr. E.Veda Bagath Singh, Special Government Pleader [R5 & R6] Mr.S.Prabakaran, Senior Counsel for Mr.MA.Gowthaman [RR18 to R21]

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Order

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(Order of the Court was made by R.Suresh Kumar J.)

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This civil miscellaneous petition has been filed to condone the delay of 39 days in filing the above writ appeal.

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Heard the learned counsel appearing for the petitioners.

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The private respondents herein already filed writ appeals in

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W.A.Nos.3693, 3689, 3688, 3604 and 3606 of 2025 and those appeals having

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been entertained and pending before this Court.

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Page2 of 4

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

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CMP No. 2478 of 2026

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Mr.E.Veda Bagath Singh, learned Special Government Pleader takes

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notice for respondents 5^th and 6^th and Mr.S.Prabakaran, learned Senior Counsel

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for Mr.MA.Gowthaman, takes notice for respondents 18 to 21. They do not have any objection in condoning the delay. As the private respondents already

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filed appeals and ultimately the proposed appeal also going to be heard by tagging the same along with the pending writ appeals, notice to the private respondents at this condoning delay stage is dispensed with.

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