The Director vs R.Suguna (Deceased)
2024 Latest Caselaw 17457 Mad

Madras High Court

The Director vs R.Suguna (Deceased) on 3 September, 2024

Author: D.Krishnakumar

Bench: D.Krishnakumar

                                                                               C.M.P.No.14135 of 2024 &
                                                                               W.A.No.SR 86592 of 2024



                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED:    03.09.2024

                                                         CORAM :

                           THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE
                                                            AND
                                           THE HON'BLE MR.JUSTICE P.B.BALAJI


                                                 C.M.P.No.14135 of 2024
                                                            &
                                                 W.A.No.SR 86592 of 2024

                     The Director
                     Social Welfare Department
                     Government of Tamil Nadu                                      Petitioner/
                     Guindy, Chennai 600 032.                             ..       Appellant

                                                            Vs.

                     R.Suguna (Deceased)

                     1. K.Gowthaman
                     2. G.Sangeetha
                     3. G.Vignesh Reddy                                   ..       Respondents


                     Prayer: C.M.P.No.14135 of 2024 filed to condone the delay of 406
                     days in filing W.A.No.SR 86592 of 2024; and
                                  Appeal filed under Clause 15 of the Letters Patent against the
                     order dated 28.02.2023 passed in W.P.No.30224 of 2016.




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                     Page 1 of 4


https://www.mhc.tn.gov.in/judis
                                                                             C.M.P.No.14135 of 2024 &
                                                                             W.A.No.SR 86592 of 2024



                                      For the Petitioner/        : Mr.S.Yashwanth
                                        Appellant                  Additional Government Pleader

                                      For the Respondents        : Mr.V.Vijayshankar

                                                        JUDGMENT

(Judgment of the Court was delivered by the Hon'ble Acting Chief Justice)

This civil miscellaneous petition is filed to condone the delay of

406 days in filing the appeal.

2. It is stated in the accompanying affidavit that due to

administrative reason, the delay has occurred in filing the appeal.

3. Learned Additional Government Pleader submitted that since

the employee died, the State Level Scrutiny Committee has closed the

verification of community certificate as abated and thereafter, based

on the report issued by the District Collector, District Vigilance

Scrutinizing Committee (Certificate Verification), Deputy

Superintendent of Police, Revenue Divisional Officer and Tahsildar

stating that the community certificate of the deceased was a

fabricated one, the petitioner/appellant has lodged a complaint and in

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https://www.mhc.tn.gov.in/judis C.M.P.No.14135 of 2024 & W.A.No.SR 86592 of 2024

the process, the delay has occurred.

4. According to learned counsel for the respondents, only after

the respondents filed contempt petition, the petitioner/appellant has

chosen to file the writ appeal and thus, objected to the condonation of

delay.

5. In the light of the above, we are of the considered view that

the petitioner/appellant ought to have been vigilant in approaching

this Court within the reasonable time and that the delay cannot be

condoned as we do not see any valid reason much less satisfactory

explanation for the delay caused in filing the appeal. Accordingly, the

civil miscellaneous petition is dismissed. Consequently, the writ appeal

is rejected at SR stage. There shall be no order as to costs.

                                                                 (D.K.K., ACJ.)   (P.B.B., J.)
                                                                            03.09.2024
                     Index            :            Yes/No
                     Neutral Citation :            Yes/No

                     kpl

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https://www.mhc.tn.gov.in/judis C.M.P.No.14135 of 2024 & W.A.No.SR 86592 of 2024

D.KRISHNAKUMAR, ACJ, AND P.B.BALAJI,J.

(kpl)

C.M.P.No.14135 of 2024 & W.A.No.SR 86592 of 2024

03.09.2024

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