[Cites 1, Cited by 0]
Madras High Court
M.Peter vs The Management Of Tamil Nadu State ... on 17 March, 2026
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
C.M.P(MD)No.3466 of 2026 in
W.A(MD)SRNo.61000 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
and
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
C.M.P.(MD)No.3466 of 2026
in
W.A.(MD)SR.No.61000 of 2024
M.Peter ... Petitioner/Appellant
-Vs-
The Management of Tamil Nadu State Transport
Corporation (Tirunelveli) Limited,
Nagercoil Region,
Represented by its General Manager,
Nagercoil. ... Respondent/Respondent
PRAYER in C.M.P.(MD)No.3466 of 2026: Petition filed under Order IV
Rule 9(4) of the Appellate Side Rules, to condone the delay of 525 days in
representing the Writ Appeal in W.A.S.R(MD)No.61000 of 2024.
PRAYER in W.A.(MD)SR.No.61000 of 2024: Petition filed under Clause
15 of Letters Patent, to allow the Writ Appeal and set aside the order dated
24.06.2024 made in W.P.(MD)No.13435 of 2024 on the file of this Court.
1/6
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C.M.P(MD)No.3466 of 2026 in
W.A(MD)SRNo.61000 of 2024
For Petitioner : Mr.S.Arunachalam
ORDER
(Order of the Court was made by N.SATHISH KUMAR, J.)
This Civil Miscellaneous Petition has been filed to condone a
delay of 525 days in representing the Writ Appeal.
2.Heard the learned counsel appearing for the petitioner and
perused the materials available on record.
3.The reason assigned for the delay is that the connected
documents relating to the case were mixed up with another bundle, as the
clerk had misplaced the same, resulting in the delay. Except for the above
two lines, no further reasons or particulars have been furnished. As a matter
of right, such condonation of an inordinate delay of 525 days cannot be
sought. The reasons assigned are vague and not convincing.
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C.M.P(MD)No.3466 of 2026 in
4.It is well settled that the Court ordinarily adopts a liberal
approach while considering petitions for condonation of delay. At the same
time, in order to extend such a liberal approach, there must be justifiable and
sufficient reasons.
5.In this regard it is useful to refer the judgment of the Division
Bench of this Court in State of Tamil Nadu and Ors Vs. Melvisharam
Muslim Educational Society reported in 2018 [3] CTC 420, wherein the
Division Bench of this has held as follows:
“... Though the delay is condoned by the Court normally in a
liberal manner, the said approach cannot be extended mechanically
without any plausible explanation. What is pitted against an ordinary
litigant is also pitted against the Government before Court of law to
establish a particular fact. Though the word â sufficient causeâ has to be
given a liberal approach, to exercise discretion ? for such liberal
approach, there must be necessary facts in the affidavit filed in support
of the same. But, on a perusal of the affidavit, we do not find plausible
explanation for such delay except stating that there is an administrative
delay. Such vague and bald explanation cannot be accepted
mechanically. When Courts are extending such liberal approach
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C.M.P(MD)No.3466 of 2026 in
mechanically, it has become a routine affairs of the Government
Departments to file the appeals against every order passed by the Court.
The present day scenario in filing the appeal, challenging every order by
the Government Departments, clearly exhibits shirking responsibility of
the Department Heads. In fact, now the tendency has developed among
the Department Heads, not to take any risk and to avoid any question
relate to the litigant and only in order to avoid any query, the
administrative side files these types of appeals, though there is no merit
in the appeal.”
6.The Court, in exercising discretion, particularly in these types
of petitions, has to see the conduct, behaviour and attitude of a party relating
to its inaction or negligence. The above factors are relevant to be taken into
consideration as the fundamental principle is that Courts are required to
weigh the scale of balance of justice in respect of both parties and the said
principle cannot be given a total go-by in the name of liberal approach.
There is an increasing tendency to perceive delay even in a non-serious
matter. Hence, the delay due to nonchalant attitude should be curbed at the
initial stage itself. It is for them to be very vigilant from the very inception
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C.M.P(MD)No.3466 of 2026 in
and they cannot sit over the files and come up with unacceptable reasons to
condone the delay.
7.We are not satisfied with the reasons for condoning the delay.
Hence, this Civil Miscellaneous Petition is dismissed. Consequently, the
connected W.A.(MD) SR No.61000 of 2024 is rejected at the SR stage itself.
No costs.
[N.S.K.,J.] [M.J.R.,J.]
17.03.2026
NCC : Yes / No
Index : Yes / No
ps
To
The Management of Tamil Nadu State Transport
Corporation (Tirunelveli) Limited,
Nagercoil Region,
Represented by its General Manager,
Nagercoil.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2026 02:34:17 pm )
C.M.P(MD)No.3466 of 2026 in
N.SATHISH KUMAR, J.
and
M.JOTHIRAMAN, J.
ps
in W.A(MD)SR.No.61000 of 2024
DATED : 17.03.2026
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