[Cites 1, Cited by 0]
Madras High Court
P.V.Kishore vs The Superintendent Of Police on 26 February, 2026
Author: G.Jayachandran
Bench: G.Jayachandran
C.M.P.(MD) No.2498 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.02.2026
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
and
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
C.M.P.(MD) No.2498 of 2026
in
W.A.(MD) SR No.89932 of 2025
and
W.A.(MD) SR No.89932 of 2025
P.V.Kishore ... Petitioner
-vs-
The Superintendent of Police
Kanyakumari District
Nagercoil ... Respondent
PRAYER (in C.M.P.(MD) No.2498 of 2026): Petition filed under Section 5 of
the Limitation Act to condone the delay of 1503 days in filing the above writ
appeal as against the order dated 05.08.2021, passed in W.P.(MD) No.7810 of
2018.
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C.M.P.(MD) No.2498 of 2026
PRAYER (in W.A.(MD) SR No.89932 of 2025): Writ Appeal filed under Clause
15 of Letters Patent to set aside the order passed by this Court, dated
05.08.2021, passed in W.P.(MD) No.7810 of 2018.
For Petitioner : No appearance
For Respondent : Mr.S.P.Maharajan
Special Government Pleader
ORDER
[Order of the Court was made by DR.G.JAYACHANDRAN, J.]
This civil miscellaneous petition is filed to condone the delay of
1503 days in filing the above intra-court appeal stating that due to financial
constraints, the petitioner could not prefer the writ appeal in time.
2. A perusal of the records indicates that one V.Purushothaman,
who was working in the Police Department, died on 06.05.2000 in a motor
vehicle accident while he was in service, leaving behind his widow, one
daughter aged about 8 years and one son aged about 3 years (petitioner
herein). Thereafter, the petitioner's mother submitted a representation to the
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respondent seeking appointment on compassionate grounds to her 8 years old
daughter on 15.09.2016 and it was rejected by the respondent vide order
dated 23.10.2016 on the ground that the application for compassionate
appointment was not submitted within the prescribed time. Challenging the
same, the petitioner herein filed a writ petition in W.P.(MD) No.7810 of 2018.
The learned Single Judge, after perusing the facts and the dictum laid down
by the Courts in connection with considering the applications for
compassionate appointment, by the impugned order dated 05.08.2021,
dismissed the writ petition stating that the application for compassionate
appointment cannot be considered after a period of 17 years of the demise of
the public servant.
3. Now, citing financial constraints, the present intra-court appeal
is filed with an enormous delay of 1503 days, which is more than four years.
We fail to understand when the petitioner / appellant had financial capacity to
prefer a writ petition in the year 2018, what prevented him in filing the writ
appeal in time and what prompted him to wait for more than four years.
Therefore, on the said ground, we are not inclined to condone the enormous
delay of 1503 days.
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4. Hence, this civil miscellaneous petition to condone the delay of
1503 days in filing the above appeal is dismissed. Consequently, the un-
numbered writ appeal stands rejected.
[G.J., J.] [K.K.R.K., J.]
26.02.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
To:
The Superintendent of Police,
Kanyakumari District,
Nagercoil.
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DR.G.JAYACHANDRAN, J.
AND
K.K.RAMAKRISHNAN, J.
krk
in
and
26.02.2026
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