Allowed¶35

The Director of Elementary Education v. D Marial

Madras HC27 Jan 2026CMP(MD)/12515/2025

Case brief

AI extract

What is this about?

Condonation of delay; Section 5 Limitation Act; 54 days delay; writ appeal W.A.(MD) SR No.59020 of 2025; order dated 22.04.2025 in W.P.(MD) No.11147 of 2025; Director of Elementary Education; District Educational Officer (Elementary) Kovilpatti; Block Educational Officer Vilathikulam; District Treasury Officer Thoothukudi; Sub-Treasury Officer Vilathikulam; D.Marial caveator; TNDTA Middle School Marthandampatti; Principal Accountant General (A&E) Chennai; Additional Government Pleader J.Ashok; P.Gunasekaran; Madras High Court Madurai Bench; decision date 27.01.2026.

What did the court decide?

Delay of 54 days in filing the writ appeal condoned; Registry to number the writ appeal and post it for admission in the usual course. ¶35

The Director of Elementary Education Vs D Marial — Madras HC (2026) — LawSathi Research

¶1

C.M.P.(MD) No.12515 of 2025

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 27.01.2026

¶4

CORAM:

¶5

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

¶6

C.M.P.(MD) No.12515 of 2025 in W.A.(MD) SR No.59020 of 2025

¶7

1.The Director of Elementary Education DPI Campus, Chennai-6

¶8

2.The District Educational Officer (Elementary)

¶9

Kovilpatti, Thoothukudi District

¶10

3.The Block Educational Officer Vilathikulam, Thoothukudi District

¶11

4.The District Treasury Officer

¶12

Thoothukudi, Thoothukudi District

¶13

5.The Sub-Treasury Officer Vilathikulam, Thoothukudi District

¶14

... Petitioners

¶15

-vs-

¶16

1.D.Marial

¶17

Page 1 of 5

¶18

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

¶19

C.M.P.(MD) No.12515 of 2025

¶20

2.The Correspondent TNDTA Middle School Marthandampatti Vilathikulam Taluk Thoothukudi District

¶21

3.The Principal Accountant General Office of the Accountant General (A&E) 361, Anna Salai Teynampet, Chennai-18

¶22

... Respondents

¶23

PRAYER: Petition filed under Section 5 of Limitation Act to condone the delay of 54 days in filing the above writ appeal as against the order dated 22.04.2025, passed in W.P.(MD) No.11147 of 2025.

¶24

For Petitioners : Mr.J.Ashok Additional Government Pleader

¶25

For Respondents : No appearance for R1 & R2 Mr.P.Gunasekaran for R3

¶26

O R D E R [Order of the Court was made by DR.G.JAYACHANDRAN, J.]

¶27

This civil miscellaneous petition has been filed seeking to condone

¶28

the delay of 54 days in the filing the above writ appeal.

¶29

2. Though the first respondent appears as caveator, today, when

¶30

the matter is taken up for hearing, there is no representation for the first

¶31

Page 2 of 5

¶32

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

¶33

C.M.P.(MD) No.12515 of 2025

¶34

respondent. Insofar as second respondent is concerned, though the second respondent has been served with notice and his name has been printed in the cause list, he has not entered appearance either in person or through his counsel. Insofar as third respondent is concerned, Mr.P.Gunasekaran, learned counsel, appearing for the third respondent has not raised any serious objection for allowing this civil miscellaneous petition. In such circumstances, we are inclined to condone the delay.

¶35

3. Accordingly, this civil miscellaneous petition is allowed and the delay of 54 days in filing the above writ appeal is condoned.

¶36

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.

¶37

[G.J., J.] [K.K.R.K., J.] 27.01.2026

¶38

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

¶39

krk

¶40

_____________ Page 3 of 5_