Madras High Court
The Tamil Nadu Housing Board vs N.Ramachandran on 31 January, 2023
C.M.P.No.23196 of 2022
and W.A.No. SR 136450 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.01.2023
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
C.M.P.No.23196 of 2022
and W.A.No. SR 136450 of 2022
1.The Tamil Nadu Housing Board,
rep. by its Chairman and Managing Director,
Earlier at Nandanam, Anna Salai,
Chennai-35
and Now at CMDA Complex,
E and C Market Road,
Koyambedu, Chennai-600 107.
2.The Executive Engineer and Administrative Officer,
Salem Housing Unit,
Tamil Nadu Housing Board,
Salem. .. Petitioners/
Appellants
Vs
1.N.Ramachandran
2.The Government of Tamil Nadu,
rep. by its Secretary to Government,
Housing and Urban Development Department,
Fort St. George, Chennai-600 009.
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C.M.P.No.23196 of 2022
and W.A.No. SR 136450 of 2022
3.The Special Thasildar (L.A)
Housing Scheme Unit,
Salem. .. Respondents/
Respondents
Prayer: C.M.P.No.23196 of 2022 filed under Section 5 of the Limitation
Act to condone the delay of 2968 days in representation of the Writ
Appeal SR 136450 of 2022.
Writ Appeal SR 136450 of 2022 filed under Clause 15 of the Letters
Patent against the order dated 19.09.2014 passed in W.P.No.15249 of
2014.
For the Petitioners/ : Mrs.C.Shyaamala
Appellants
For Respondents/ : Mr.P.M.Sozhendran
Respondents for respondent No.1
JUDGMENT
(Delivered by the Hon'ble Acting Chief Justice)
This miscellaneous petition has been filed to condone the huge
and unexplained delay of 2968 days in filing W.A.No.SR 136450 of
2022.
2. Mrs.C.Shyaamala, learned counsel appearing for the
petitioners, vehemently argued that, even though W.P.No.15249 of
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https://www.mhc.tn.gov.in/judis
C.M.P.No.23196 of 2022
and W.A.No. SR 136450 of 2022
2014 was allowed on 19.9.2014, owing to some administrative reasons
like getting necessary papers from the earlier counsel, unfortunately,
the delay has occurred and, therefore, she pleaded that the delay may
be condoned.
3. In the affidavit filed in support of the petition seeking
condonation of delay, the reason for the delay is stated as under:
“17. It is most respectfully submitted that, due to some
administrative reasons in getting necessary papers
from the earlier counsels as they were not handed
over, necessary papers were to be traced out, the
earlier filing papers were missed, some other delay is
caused in the matter in filing this appeal in time from
the date of receipt of this order copy in this writ
petition in W.P.No.15249 of 2014, the appeal has to be
filed within 30 days, but unfortunately on the reason as
stated above a delay of 2968 days was caused in filing
this appeal. The non-filing of appeal within the time is
neither willful nor wanton and further the delay in filing
this appeal was caused on the reason as stated above.
18. In this circumstance, the delay of 2968 days in
filing this Writ appeal has to be necessarily condoned in
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https://www.mhc.tn.gov.in/judis
C.M.P.No.23196 of 2022
and W.A.No. SR 136450 of 2022
the interest of justice. Otherwise the
petitioner/Appellant being a public institution will be
put in to great loss and prejudice.”
4. We find that no acceptable and cogent reason has been given
by the petitioners in the affidavit filed in support of the miscellaneous
petition to condone the huge delay of 2968 days [almost 8½ years].
Moreover, condonation of such an inordinate delay by this court
without any sufficient cause would amount to substituting the period of
limitation stipulated by the Legislature.
For the foregoing reasons, the civil miscellaneous petition is
dismissed. Consequently, W.A.No.SR136450 of 2022 is rejected.
(T.R., ACJ.) (D.B.C., J.)
31.01.2023
Index : No
Neutral Citation : No
sasi
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https://www.mhc.tn.gov.in/judis
C.M.P.No.23196 of 2022
and W.A.No. SR 136450 of 2022
To
1.The Secretary to Government,
Government of Tamil Nadu,
Housing and Urban Development Department,
Fort St. George, Chennai-600 009.
2.The Special Thasildar (L.A)
Housing Scheme Unit,
Salem.
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https://www.mhc.tn.gov.in/judis
C.M.P.No.23196 of 2022
and W.A.No. SR 136450 of 2022
T.RAJA, ACJ.
AND
D.BHARATHA CHAKRAVARTHY, J.
(sasi)
C.M.P.No.23196 of 2022
in W.A.No. SR 136450 of 2022
31.01.2023
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https://www.mhc.tn.gov.in/judis
