Madras High Court
The State Of Tamilnadu vs S.R.P.Devadoss on 9 November, 2022
C.M.P.(MD) No.3859 of 2022
in
W.A.(MD)No.SR58149 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.11.2022
CORAM
THE HON'BLE MR JUSTICE M.S.RAMESH
AND
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
C.M.P.(MD) No.3859 of 2022
in
W.A.(MD)No.SR58149 of 2021
1.The State of Tamilnadu
Rep by its Secretary,
Department of School Education,
Fort St.George,
Chennai - 600 009.
2.The Director of School Education,
College Road,
Chennai-6.
3.The Chief Educational Officer
Tirunelveli District.
4.The District Educational Officer,
Cheranmadevi @ Tirunelveli,
Tirunelveli District.
Now Assigned as the District Educational Officer,
Valliyoor,
Tirunelveli District. .. Petitioners/ Appellants
Page 1 of 6
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C.M.P.(MD) No.3859 of 2022
in
W.A.(MD)No.SR58149 of 2021
Vs.
1.S.R.P.Devadoss
B.T.Assistant (History),
St.Annes Higher Secondary School,
Koodankulam,
Tirunelveli District - 627 106.
2.The Correspondent,
St.Annes Higher Secondary School,
Kookankulam,
Tirunelveli - 627 106. .. Respondents /Respondents
Prayer in C.M.P.(MD)No.3859 of 2022 : Petition is filed under Section 5
of the Limitation Act to condone the delay of 339 days in filing the writ
appeal against the order, dated 12.03.2019, passed in W.P.(MD) No.13583
of 2016.
Prayer in W.A.(MD)No.SR58149 of 2021 : Writ Appeal is filed under
Clause 15 of Letters Patent against the order, dated 12.03.2019, passed in
W.P.(MD) No.13583 of 2016.
For Appellants : Mr.D.Sasikumar,
Additional Government Pleader
For Respondents : Mr.A.Ajith Geethan - for R1
Fr.S.Savarimuthu - for R2
for M/s.Father Xavier Associates
Page 2 of 6
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C.M.P.(MD) No.3859 of 2022
in
W.A.(MD)No.SR58149 of 2021
JUDGMENT
M.S.RAMESH,J.
and
N. ANAND VENKATESH,J.
The present application is for condonation of delay of 339 days
in preferring the writ appeal against the order, dated 12.03.2019, passed in
W.P.(MD) No.13583 of 2016.
2. The reasons assigned in the affidavit filed in support of the
application to condone the delay are that the order of the learned Single
Judge was received by the petitioner on 25.05.2019 and due to the
intervening Covid-19 pandemic situation, they were unable to file the
appeal in time. Apparently, there is no explanation adduced in the affidavit
with regard to the delay between 25.05.2019 to March 2020, when the onset
of the Covid-19 pandemic situation, had not occurred. Likewise, after the
Courts had commenced through regular mode, the affidavit does not
explain, as to why there was a delay till 18.11.2021, when the present
application was filed. Since the affidavit does not explain each and every
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C.M.P.(MD) No.3859 of 2022
in
W.A.(MD)No.SR58149 of 2021
day's of delay for preferring the present appeal, we are not inclined to
condone the delay in preferring the appeal.
3. Even otherwise, on the merits of the case, it is seen that the
present writ appeal has been preferred against the common order passed in a
batch of writ petitions in W.P.(MD) Nos.21104 of 2015, 6052, 6053 and
13583 of 2016 against one of the writ petitions, which forms part of a batch
of writ petitions, in which, a common order was passed.
4. When one of those writ petitions in W.P.(MD) No.6043 of
2016, which forms part of the common order, came to be challenged before
this Court in the case of The Chief Educational Officer, Tuticorin and
another Vs. S.Jeya Ugin Mary and another in W.A.(MD) No.1368 of
2019, the appeal came to be dismissed on 21.11.2019. As against the order
of dismissal, the petitioner herein had preferred a Review Application in
Rev.Aplc.(MD) No.56 of 2021, which was also dismissed on 04.08.2022.
As such, the common order passed by the learned Single Judge had become
final. In this background, we do not find any reason to interfere with the
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C.M.P.(MD) No.3859 of 2022
in
W.A.(MD)No.SR58149 of 2021
present impugned order, which has already been dealt with by a Co-ordinate
Bench of this Court.
5. In view of the above, this Civil Miscellaneous Petition is
dismissed. Consequently, the Writ Appeal stands rejected at the SR stage
itself. No costs.
(M.S.R.,J.) (N.A.V.,J.)
09.11.2022
Internet : Yes
rm
https://www.mhc.tn.gov.in/judis
C.M.P.(MD) No.3859 of 2022
in
W.A.(MD)No.SR58149 of 2021
M.S.RAMESH, J.
and
N. ANAND VENKATESH, J.
RM
CMP(MD) No.3859 of 2022
in
WA (MD)No.SR58149 of 2021
09.11.2022
https://www.mhc.tn.gov.in/judis
