Madras High Court
Unknown vs Sajida Imran Khan .. 1St on 11 January, 2023
C.M.P.No.21961 of 2022 and W.A.No. SR 128710 of 2022 etc.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.01.2023
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
C.M.P.Nos.21961, 21973, 21971, 21984, 21986, 21967 and 22027
of 2022
and
W.A.Nos. SR 128710, 128705, 128707, 128704, 128709, 128708
and 128706 of 2022
1.The State of Tamil Nadu,
rep. by its Principal Secretary,
Industries Department,
Fort St. George,
Secretariat,
Chennai-600 009.
2.The District Collector,
Kancheepuram District,
Collectorate,
Kancheepuram-631 501.
3.The Revenue Divisional Officer,
Kancheepuram
Collectorate,
Kancheepuram-631 501.
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C.M.P.No.21961 of 2022 and W.A.No. SR 128710 of 2022 etc.
4.The Special Tahsildar,
SIPCOT Sriperumbudur
Pillaipakkam,
Kancheepuram District. .. Petitioners/
Appellants
in all CMPs &
WAs SR
Vs
Nafisa Jeddy
G.Imran Khan
B.S.Purushotham
B.Suryanarayanan
S.Murali
Rajmohamad Sayyadnoor Shaikh
Sajida Imran Khan .. 1st Respondent/
1st Respondent
in all CMPs &
WAs SR
The Chairman and Managing Director,
SIPCOT,
19A, Rukmani Lakshmipathi Road,
Egmore, Chennai-600 008. .. 2nd Respondent/
2nd Respondent
in all CMPs &
WAs SR
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C.M.P.No.21961 of 2022 and W.A.No. SR 128710 of 2022 etc.
Prayer: C.M.P.Nos.21961, 21973, 21971, 21984, 21986, 21967 and
22027 of 2022 filed under under Section 5 of the Limitation Act to
condone the delay of 1298 days in filing the writ appeals against the
order dated 25.4.2019 made in W.P.Nos.2725, 2709, 2697, 2717,
2677, 2687 and 2703 of 2019.
Writ Appeals SR 128710, 128705, 128707, 128704, 128709, 128708
and 128706 of 2022 filed under Clause 15 of the Letters Patent
against the order dated 25.4.2019 passed in W.P.Nos.2725, 2709,
2697, 2717, 2677, 2687 and 2703 of 2019.
For the Petitioners/ : Mr.P.Muthukumar
Appellants State Government Pleader
For the Respondents/ : Mrs.Sudharshana Sunder
Respondents Standing Counsel
for respondent No.2
COMMON JUDGMENT
(Delivered by the Hon'ble Acting Chief Justice)
C.M.P.Nos.21961, 21973, 21971, 21984, 21986, 21967 and
22027 of 2022 have been filed to condone the huge and
unexplained delay of 1298 days in filing the writ appeal.
2. Learned State Government Pleader appearing for the
petitioners/appellants submitted that though the writ petitions were
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C.M.P.No.21961 of 2022 and W.A.No. SR 128710 of 2022 etc.
disposed of on 25.4.2019, due to administrative reasons, appeals
could not be filed within the period of limitation. He further
submitted that the affiant, being an administrative head of the
District, was involved in various works related to Covid-19 and
other administrative works and, therefore, could not file the appeals
in time and the delay of 1298 days was due to onset of Covid-19
pandemic and it is neither willful nor wanton and, therefore, the
delay may be condoned.
3. It is seen that the order under challenge has been passed
on 25.4.2019 and copy application was filed only on 25.11.2022
and the certified copy of the order was made ready on the same
date. Thus, it is clear that from 25.4.2019 to 25.11.2022, the
petitioners have not taken steps to obtain the certified copy of the
order. However, in the affidavits filed in support of the petitions, the
affiant stated that due to administrative reasons, the appeals could
not be filed, which is unacceptable for the reason that the
petitioners have failed to apply for certified copy of the order
promptly. Even for the delay between 25.4.2019 and 25.11.2022,
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C.M.P.No.21961 of 2022 and W.A.No. SR 128710 of 2022 etc.
no justifiable explanation has been given by the petitioners. Even
though the time from March, 2020 till 31.3.2022 was excluded for
the purpose of calculating limitation by the Supreme Court, the
delay excluding the aforesaid period remains unexplained.
4. We find that no acceptable and cogent reason has been
given by the petitioners in the affidavits filed in support of the
miscellaneous petitions to condone the towering delay of 1298 days.
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 petitions are
dismissed. Consequently, W.A.Nos. SR 128710, 128705, 128707,
128704, 128709, 128708 and 128706 of 2022 are rejected. There
will be no order as to costs.
(T.R., ACJ.) (D.B.C., J.)
11.01.2023
Index : Yes/No
Neutral Citation : Yes/No
bbr
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C.M.P.No.21961 of 2022 and W.A.No. SR 128710 of 2022 etc.
To
The Chairman and Managing Director,
SIPCOT, 19A, Rukmani Lakshmipathi Road,
Egmore,
Chennai-600 008.
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https://www.mhc.tn.gov.in/judis
C.M.P.No.21961 of 2022 and W.A.No. SR 128710 of 2022 etc.
T.RAJA, ACJ.
AND
D.BHARATHA CHAKRAVARTHY, J.
bbr
C.M.P.Nos.21961,
21973, 21971, 21984, 21986, 21967
and 22027 of 2022
and W.A.Nos. SR 128710, 128705, 128707,
128704, 128709, 128708 and 128706 of 2022
11.01.2023
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