Madras High Court
Unknown vs I.P. Thamilarasi on 8 December, 2021
C.M.P.Nos.27550 and 27582 of 2019
in W.A.SR.No.157044 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.12.2021
CORAM:
THE HON'BLE MR. JUSTICE M.DURAISWAMY
AND
THE HON'BLE MR. J. SATHYA NARAYANA PRASAD
C.M.P.Nos.27550 and 27582 of 2019
in W.A.SR.Nos.157044 & 157012 of 2019
1. The Secretary to Government,
Education Department,
Government of Tamil Nadu,
Fort St. George,
Chennai – 600 009.
2. The Branch Officer,
Office of the Principal Accountant General ( A & E),
Tamil Nadu,
Tenampet,
Chennai – 18.
3. The Directorate of Elementary Education,
College Road, Chennai – 600 006.
4. The Addl. Asst. Elementary Educational Officer,
Tiruvarur
5. The Assistant Elementary Educational Officer,
Tiruvarur
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C.M.P.Nos.27550 and 27582 of 2019
in W.A.SR.No.157044 of 2019
6. The District Elementary Educational Officer,
Tiruvarur
... Petitioners in both CMPs
v.
1. I.P. Thamilarasi
... Respondent in CMP No.27550/2019
2. T.Veerasamy
... Respondent in CMP No.27552/2019
CMP No.27550/2019 Civil Miscellaneous Petition filed under section 5 of
the Limitation Act to condone the delay of 834 days in filing the Writ
Appeal against the order dated 01.08.2017 made in W.P.No.1618 of 2013.
CMP No.27552/2019 Civil Miscellaneous Petition filed under section 5 of
the Limitation Act to condone the delay of 833 days in filing the Writ
Appeal against the order dated 01.08.2017 made in W.P.No.1619 of 2013.
For Petitioners : Ms. S.Mythrrye Chandru
Special Government Pleader
For Respondents : Ms. Y. Kavitha
for M/s. Giridhar and Sai
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C.M.P.Nos.27550 and 27582 of 2019
in W.A.SR.No.157044 of 2019
COMMON ORDER
(Order of the Court made by M.DURAISWAMY,J.)
Civil Miscellaneous Petition No.27550 of 2019 is filed to
condone the delay of 834 days in filing the Writ Appeal against the order
dated 01.08.2017 made in W.P.No.1618 of 2013.
2. Civil Miscellaneous Petition No. 27552 of 2019 is filed to
condone the delay of 833 days in filing the Writ Appeal against the order
dated 01.08.2017 made in W.P.No.1619 of 2013.
3. For condoning the inordinate delay of 833 days and 834 days
respectively, the District Educational Officer, in paragraph No.4 of the
Affidavit filed in support of the above petitions has stated as follows:
“... It is submitted that orders have been passed in
the W.P. Nos.1618 of 2013 1619 of 2013 respectively dated
01.08.2017 and the copy of the Judgment were received in
the office of the District Educational Officer, Tiruvarur on
22.11.2018. It is submitted that Appellants/Respondents
was engaged in inspection of schools during the month of
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C.M.P.Nos.27550 and 27582 of 2019
in W.A.SR.No.157044 of 2019
December and January 2019. during the month of March
and April 2019, paper valuation work were supervised. It is
submitted that during the month of May 2019, the District
Educational Officer has attended the final valuation and
result publication work. During the month of June 2019,
instant Examination was supervised. Hence, instructions
were issued to the Block Educational Officer to take follow
up action..”
4. On a perusal of the averments stated in para 4, it could be
seen that the Writ Petitions were disposed of by Common Order dated
01.08.2017 and the copy of the order was received in the office of the
District Educational Officer, Tiruvarur on 22.11.2018. On a perusal of the
copy of the order filed along with the Writ Appeals, it could be seen that the
appellants have not even applied for a copy of the order passed in the Writ
Petitions. The Writ Appeals have been filed by producing the copy of the
order sent to the respondents by the Registry. Further, in para 4 of the
affidavit, the District Educational Officer has stated that he was engaged
in inspection of schools during the month of December and January 2019
and during the month of March and April 2019 engaged in paper valuation
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C.M.P.Nos.27550 and 27582 of 2019
in W.A.SR.No.157044 of 2019
work. Further, he has stated that during the month of May 2019, he
attended the final valuation and result publication work. Further, the
District Educational Officer has stated that during the month of June 2019,
he supervised the Examination, thereafter he had given instructions to the
Block Educational Officer to take follow up action.
5. From the reading of the averments stated in para 4, it is clear
that the District Educational Officer has attended all other works except the
filing of the Writ Appeals in time. The reasoning given by the Appellants
for condoning the inordinate delay of 833 days & 834 days respectively
cannot be accepted.
6. In the judgment reported in 2015 (1) SCC 680 [H.Dohil
Constructions Company Private Ltd. v. Nahar Exports Limtied and
another], the Hon'ble Supreme Court held that the party seeking for
condonation of delay should give acceptable reason. In the absence of
acceptable reason given by a party seeking for condonation of the delay, the
delay cannot be condoned.
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C.M.P.Nos.27550 and 27582 of 2019
in W.A.SR.No.157044 of 2019
7. The ratio laid down by the Hon'ble Supreme in the said
judgment squarely applies to the facts and circumstances of the present
case.
8. In the case on hand, the petitioners have not explained the
reasons for condoning the inordinate delay of 833 days and 834 days
respectively in a proper manner. In the absence of any acceptable reason
given by the petitioners, the delay cannot be condoned.
9. In such view of the matter, we are not inclined to condone the
inordinate delay of 833 days and 834 days respectively. The petitioners are
dismised. Consequently, W.A.SR.Nos.157044 & 157012 of 2019 are
rejected.
[M.D., J.] [J.S.N.P., J.]
08.12.2021
Index : Yes/No
Internet : Yes
Rj
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C.M.P.Nos.27550 and 27582 of 2019
in W.A.SR.No.157044 of 2019
M. DURAISWAMY, J.
and
J. SATHYA NARAYANA PRASAD ,J
Rj
C.M.P.Nos.27550 and 27582 of 2019
in W.A.SR.Nos.157044 & 157012 of 2019
08.12.2021
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