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Tamil Nadu State Transport Vs K.Janarthanan — Madras HC (2026) — LawSathi Research

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Tamil Nadu State Transport Vs K.JanarthananTamil Nadu State Transport v. K.Janarthanan

Allowed¶35

Tamil Nadu State Transport v. K.Janarthanan

Limitation Act, S.5 – Condonation of delay – C.M.P.(MD) No.10073 of 2025 in W.A.(MD) SR No.51113 of 2025

Madras HC28 Jan 2026CMP(MD)/10073/2025

Case brief

AI extract

What is this about?

Madurai Bench of Madras High Court, 28.01.2026 (Dr.G. Jayachandran, J., authoring; K.K. Ramakrishnan, J., on the bench): condones, under Section 5 of the Limitation Act, a 171-day delay by Tamil Nadu State Transport Corporation (Madurai) Ltd. in filing writ appeal W.A.(MD) SR No.51113 of 2025 against the order dated 04.12.2024 in W.P.(MD) No.11987 of 2017; respondents (including K. Janarthanan, T.G. Jawahar, S. Janarthanan, the State of Tamil Nadu and the TNSTC Employees Pension Fund Trust administrator) had entered appearance but filed no counter affidavit; Registry directed to number the appeal and post for admission.

What did the court decide?

Condonation of the 171-day delay in filing the writ appeal; Registry directed to number the writ appeal (if papers are otherwise in order) and post it for admission in the usual course. ¶35

Why is it important?

As the respondents had entered appearance (respondents 1 to 3 on 21.07.2025; Additional Government Pleader for respondents 4 & 5) but had not filed their counter affidavit till date, the Court was inclined to condone the delay. ¶33

What the court decided

AI extract

Outcome

Condonation of the 171-day delay in filing the writ appeal; Registry directed to number the writ appeal (if papers are otherwise in order) and post it for admission in the usual course.

Issue for consideration

Whether the delay of 171 days in filing the writ appeal (W.A.(MD) SR No.51113 of 2025) against the order dated 04.12.2024 in W.P.(MD) No.11987 of 2017 should be condoned under Section 5 of the Limitation Act.

Court's answer

As the respondents had entered appearance (respondents 1 to 3 on 21.07.2025; Additional Government Pleader for respondents 4 & 5) but had not filed their counter affidavit till date, the Court was inclined to condone the delay.

Ratio / Principle

The civil miscellaneous petition is allowed.

Key takeaways

The delay of 171 days in filing the above writ appeal is condoned.ratio¶35
The Registry is directed to number the writ appeal, if the papers are otherwise in order, and post the same for admission in the usual course.ratio¶36

Detailed headnote1 paragraphs

Limitation Act, S.5 – Condonation of delay – C.M.P.(MD) No.10073 of 2025 in W.A.(MD) SR No.51113 of 2025 – Tamil Nadu State Transport Corporation (Madurai) Ltd. sought condonation of a 171-day delay in filing a writ appeal against the order dated 04.12.2024 passed in W.P.(MD) No.11987 of 2017 – notice having been ordered on 04.07.2025, respondents 1 to 3 entered appearance on 21.07.2025, the Additional Government Pleader appeared for respondents 4 & 5, and there was no representation for the sixth respondent – however, no counter affidavit had been filed by the respondents till date, and the Court accordingly inclined to condone the delay – petition allowed; the delay of 171 days condoned; Registry directed to number the writ appeal, if the papers are otherwise in order, and post it for admission in the usual course – (Order by Dr.G.Jayachandran, J., with Mr.K.K.Ramakrishnan, J.) – 28.01.2026.

A

C.M.P.(MD) No.10073 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 28.01.2026

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN

C.M.P.(MD) No.10073 of 2025 in

W.A.(MD) SR No.51113 of 2025

Tamil Nadu State Transport Corporation (Madurai) Ltd., rep.by its Managing Director Bye Pass Road, Madurai-625 010

... Petitioner

-vs-

1.K.Janarthanan

2.T.G.Jawahar

3.S.Janarthanan

4.State of Tamil Nadu

rep.by its Secretary to Government Transport Department Government of Tamilnadu Fort St.George, Chennai-600 009

5.State of Tamil Nadu

rep.by its Secretary to Government Transport Department and Chairman of

State Transport Undertaking Fort St.George, Chennai-600 009

Page 1 of 5

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

6.The Administrator The Tamil Nadu State Transport Corporation Employees Pension Fund Trust Thiruvallur House Chennai-600 002

C.M.P.(MD) No.10073 of 2025

... Respondents

PRAYER: Petition filed under Section 5 of Limitation Act to condone the delay of 171 days in filing the above writ appeal as against the order dated 04.12.2024, passed in W.P.(MD) No.11987 of 2017.

For Petitioner : Mr.S.Gladson Michael Rajadurai For Respondents : Mr.R.Krishnamoorthy for R1 to R3 Mr.D.Sasi Kumar Additional Government Pleader for R4 & R5 No appearance for R6

O R D E R

[Order of the Court was made by DR.G.JAYACHANDRAN, J.]

This civil miscellaneous petition has been filed seeking to condone the delay of 171 days in the filing the above writ appeal.

2. This Court ordered notice to the respondents on 04.07.2025 and the respondents 1 to 3 have entered appearance as early as on 21.07.2025 and learned Additional Government Pleader appears for the

Page 2 of 5

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

C.M.P.(MD) No.10073 of 2025

respondents 4 & 5 and there is no representation for sixth respondent. However, till date, the respondents have not filed their counter affidavit. Hence, we are inclined to condone the delay.

3. Accordingly, this civil miscellaneous petition is allowed and the

delay of 171 days in filing the above writ appeal is condoned.

4. Registry is directed to number the writ appeal, if the papers are otherwise in order, and post the same for admission in the usual course.

[G.J., J.] [K.K.R.K., J.] 28.01.2026

NCC : Yes / No Index : Yes / No Internet : Yes / No

krk

To:

1.The Secretary to Government, Transport Department, Government of Tamilnadu, Fort St.George, Chennai-600 009.

Page 3 of 5

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

C.M.P.(MD) No.10073 of 2025

2.The Secretary to Government, Transport Department and Chairman of State Transport Undertaking, State of Tamil Nadu, Fort St.George, Chennai-600 009.

Page 4 of 5

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

C.M.P.(MD) No.10073 of 2025

DR.G.JAYACHANDRAN, J. AND K.K.RAMAKRISHNAN, J.

krk

C.M.P.(MD) No.10073 of 2025 in W.A.(MD) SR No.51113 of 2025

28.01.2026

_____________ Page 5 of 5_

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

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the delay of 171 days in filing the writ appeal (W.A.(MD) SR No.51113 of 2025) against the order dated 04.12.2024 in W.P.(MD) No.11987 of 2017 should be condoned under Section 5 of the Limitation Act.¶28
The court held
As the respondents had entered appearance (respondents 1 to 3 on 21.07.2025; Additional Government Pleader for respondents 4 & 5) but had not filed their counter affidavit till date, the Court was inclined to condone the delay.ratio¶33

Statutes considered

1 provisions across 1 enactments

AI extract

Limitation Act5¶24

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 04.12.2024 passed in W.P.(MD) No.11987 of 2017, against which the writ appeal is sought to be filed.¶24
04.12.2024
Prior proceeding
A writ appeal (W.A.(MD) SR No.51113 of 2025) was sought to be filed against the order dated 04.12.2024 in W.P.(MD) No.11987 of 2017, with a delay of 171 days, prompting this condonation petition under Section 5 of the Limitation Act.¶24
Prior proceeding
This Court ordered notice on 04.07.2025; respondents 1 to 3 entered appearance on 21.07.2025.¶29
Prior proceeding
Respondents 4 & 5 were represented by the Additional Government Pleader; there was no representation for the sixth respondent.¶33
Prior proceeding
No counter affidavit had been filed by the respondents as at the date of the decision.¶33

Parties & counsel

AI extract

petitioner
Tamil Nadu State Transport Corporation (Madurai) Ltd., rep.by its Managing Director¶8
Mr.S.Gladson Michael Rajadurai
respondent
K.Janarthanan¶11
Mr.R.Krishnamoorthy
respondent
T.G.Jawahar¶12
Mr.R.Krishnamoorthy
respondent
S.Janarthanan¶13
Mr.R.Krishnamoorthy
respondent
State of Tamil Nadu, rep.by its Secretary to Government, Transport Department, Government of Tamilnadu¶14
Mr.D.Sasi Kumar
respondent
State of Tamil Nadu, rep.by its Secretary to Government, Transport Department and Chairman of State Transport Undertaking¶16
Mr.D.Sasi Kumar
respondent
The Administrator, The Tamil Nadu State Transport Corporation Employees Pension Fund Trust¶21

Coram

AI extract

Dr.Justice G.Jayachandranauthor¶27
Mr.Justice K.K.Ramakrishnanmember¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 28 Jan 2026 · January
Registered: 30 Jun 2025
Case no.: CMP(MD)/10073/2025
CNR: HCMD010737482025
Bench: G. Jayachandran K.k. Ramakrishnan
Disposal: ORDERED
Case type: C.M.P.(MD)

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Cite this judgement

Tamil Nadu State Transport v. K.Janarthanan, CMP(MD)/10073/2025 (MAD), decided on 28 January 2026.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Limitation Act5

View all statutes

Procedural history5

Order dated 04.12.2024 passed in W.P.(MD) No.11987 of 2017, against which the writ appeal is sought to be filed.04.12.2024
A writ appeal (W.A.(MD) SR No.51113 of 2025) was sought to be filed against the order dated 04.12.2024 in W.P.(MD) No.11987 of 2017, with a delay of 171 days, prompting this condonation petition under Section 5 of the Limitation Act.
This Court ordered notice on 04.07.2025; respondents 1 to 3 entered appearance on 21.07.2025.

View full history

Bench / Coram

Dr.Justice G.Jayachandran and Mr.Justice K.K.Ramakrishnan

Parties & counsel