The District Collector vs C.Shanmuga Sundaram
2024 Latest Caselaw 18424 Mad

Madras High Court

The District Collector vs C.Shanmuga Sundaram on 18 September, 2024

Author: R.Subramanian

Bench: R.Subramanian

                                                                        C.M.P.(MD)No.10466 of 2024
                                                                    in W.A.(MD)SR.No.51280 of 2024



                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 18.09.2024

                                                    CORAM:

                                   THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                     and
                                  THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI


                                           C.M.P.(MD)No.10466 of 2024
                                                       in
                                           W.A.(MD)SR.No.51280 of 2024


                 1.The District Collector,
                   Trichy District,
                   Trichy.

                 2.The District Revenue Officer (Regular),
                   Tiruchirappalli.

                 3.The Special Tahsildar (Land Acquisition),
                   Villupuram to Dindigul Double Track,
                   Collectorate, Tiruchirappalli.            ... Petitioners / Appellants

                                                      -vs-

                 1.C.Shanmuga Sundaram

                 2.The Divisional Manager,
                   Southern Railways,
                   Madurai.                            ... Respondents / Respondents


                 PRAYER in C.M.P.(MD)No.10466 of 2024: Petition filed under Under

                 Section 5 of Limitation Act, 1963, to condone the delay of 88 days in filing

                 the Writ Appeal against the order in W.P.(MD)No.19772 of 2021, dated

                 07.12.2023.

https://www.mhc.tn.gov.in/judis
                 Page 1 of 4
                                                                            C.M.P.(MD)No.10466 of 2024
                                                                        in W.A.(MD)SR.No.51280 of 2024




                 PRAYER in W.A.(MD)No.SR51280 of 2024 : Writ Appeal filed under

                 Clause 15 of Letters Patent Act, against the order made in W.P.(MD)No.

                 19772 of 2021 dated 07.12.2023.

                                  For Petitioners         :   Mr.P.T.Thiraviyam,
                                                              Government Advocate
                                  For 1st Respondent      :   Mr.J.Anand Kumar



                                                        JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.]

Though the delay is only 88 days, the reasons assigned for the delay

is far from convincing. Para no.7, which assigns reasons for the delay

reads as follows:-

“I submit that, the impugned order copy was received on 22.03.2024 however, due to unforeseen administrative reasons, including delays in obtaining the necessary documentation and procedural hurdles, the Petitioners encountered significant challenges in preparing and filing the appeal petition before this Hon'ble Court. These administrative delays were beyond the control of the Petitioners. I humbly submit that the delay of 88 days in filling the appeal petition was not a result of negligence or indifference on their part, but rather a consequence of circumstances beyond their control. Throughout the period of delay, the Petitioners diligently pursued the necessary steps to initiate the appeal process and getting opinion from the law officers in filing the writ appeal.”

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

in W.A.(MD)SR.No.51280 of 2024

2.We find it absolutely insufficient for condonation of delay. Hence,

the Condone Delay Petition is dismissed. The Writ Appeal in W.A.

(MD)No.SR51280 of 2024 stands rejected in the SR stage itself. No Costs.

                                                                [R.S.M., J.]      [L.V.G., J.]
                                                                         18.09.2024
                 NCC      :Yes/No
                 Index :Yes/No
                 Internet : Yes
                 Mrn




                 To

                 The Divisional Manager,
                 Southern Railways,
                 Madurai.

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

in W.A.(MD)SR.No.51280 of 2024

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

Mrn

in

18.09.2024

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