[Cites 1, Cited by 0]
Madras High Court
The Secretary To Government vs R.Chelladurai on 24 February, 2026
Author: G.Jayachandran
Bench: G.Jayachandran
C.M.P.(MD) No.18233 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.02.2026
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
and
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
C.M.P.(MD) No.18233 of 2025
in
W.A.(MD) SR No.96202 of 2025
and
W.A.(MD) SR No.96202 of 2025
1.The Secretary to Government
Public Works Department
St.George Fort, Chennai
2.The Engineer in Chief (WRO) and
Chief Engineer (General)
Public Works Department
Chepauk, Chennai-5
3.The Superintending Engineer
WRO, Public Works Department
Tamurabarani Basin Circle
Tirunelveli
4.The Executive Engineer
Public Works Department
WRO, Anti Sea Erosion Division
Nagercoil-1 ... Petitioners
-vs-
R.Chelladurai ... Respondent
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C.M.P.(MD) No.18233 of 2025
PRAYER (in C.M.P.(MD) No.18233 of 2025): Petition filed under Section 5 of
the Limitation Act to condone the delay of 929 days in filing the above writ
appeal as against the order passed by this Court, dated 23.03.2023 in W.P.
(MD) No.8160 of 2016.
PRAYER (in W.A.(MD) SR No.96202 of 2025): Writ Appeal filed under Clause
15 of Letters Patent to set aside the order passed by this Court, dated
23.03.2023 in W.P.(MD) No.8160 of 2016.
For Petitioners : Mr.D.Sasi Kumar
Additional Government Pleader
For Respondent : Mr.D.Srinivasa Ragavan
ORDER
[Order of the Court was made by DR.G.JAYACHANDRAN, J.]
This civil miscellaneous petition seeking to condone the delay of
929 days in filing the writ appeal is strongly opposed by the respondent herein
stating that the order of the learned Single Judge was passed on 23.03.2023
and thereafter, he, who succeeded in the writ petition, caused contempt notice
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to the petitioners herein on 12.06.2024, for which, the petitioners herein, vide
their communication dated 18.06.2024 sought time to implement the order
passed by the learned Single Judge and thereafter, the present writ appeal is
filed with the enormous delay of 929 days.
2. On perusing the affidavit filed in support of the delay
condonation petition, we find that the reason stated for the delay is not
sufficiently explained. Whereas, the counter affidavit filed by the respondent
herein exposes the irresponsible attitude of the petitioners herein in
conducting the litigation.
3. Learned Additional Government Pleader appearing for the
petitioners would submit that if the order of the learned Single Judge is
allowed to be implemented, there will be a serious financial repercussion to
the State Government.
4. We are of the view that the State Government cannot take such
a plea to pressurise the Court for condoning the enormous delay in filing the
appeal. If really the petitioners herein are subjected to any financial loss due
to the negligence and dereliction of duty by the officials concerned in not
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preferring the appeal in time, it is open to the Department concerned to take
necessary action for recovery of the loss from the erring officials concerned.
5. With the above observation, this civil miscellaneous petition to
condone the delay of 929 days in filing the above writ appeal is dismissed.
Consequently, the un-numbered writ appeal stands rejected.
[G.J., J.] [K.K.R.K., J.]
24.02.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
To:
1.The Secretary to Government,
Public Works Department,
St.George Fort, Chennai.
2.The Engineer in Chief (WRO) and
Chief Engineer (General),
Public Works Department,
Chepauk, Chennai-5.
3.The Superintending Engineer,
WRO, Public Works Department,
Tamurabarani Basin Circle,
Tirunelveli.
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4.The Executive Engineer,
Public Works Department,
WRO, Anti Sea Erosion Division,
Nagercoil-1.
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DR.G.JAYACHANDRAN, J.
AND
K.K.RAMAKRISHNAN, J.
krk
in
and
24.02.2026
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