B. Sampath v. State Express Transport Corporation

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2024

CORAM:

THE HON'BLE MRS. JUSTICE J.NISHA BANU AND THE HON'BLE MR. JUSTICE P.DHANABAL CMP No.8011 of 2024 in W.A.Sr.No.38077 of 2024 B.Sampath ... Petitioner/Appellant .Vs.

The Managing Director, State Express Transport Corporation (Tamil Nadu) Ltd., Anna Salai, Chennai - 600002.

..Respondent PRAYER in CMP No.8011 of 2024 :- Petitions filed to condone the delay of 1973 days in filing the appeal.

Prayer in W.A.SR.No.38077 of 2024:-Writ Appeal filed to set aside the order dated 24.09.2018 made in WP.No.8466 of 2017 by this Court. 1/4

For Petitioner :

Mr.D.Soundar Raj For Respondent : Mr.L.S.M.Hasan Fizal Standing Counsel

O R D E R

(Judgment of the Court was made by J. NISHA BANU, J. ) The above CMP has been filed to condone the delay of 1973 days in filing the Writ Appeal against the order made in WP.No.8466 of 2017 dated 24.09.2018.

2. Writ Appeal SR has been filed to set aside the order dated 24.09.2018 made in WP.No.8466 of 2017 by this Court.

3. There is undoubtedly an inordinate delay in the filing of the Writ Appeal. There is a delay of more than 5 years in preferring the appeal. The petitioner/appellant has utterly failed to show sufficient cause to condone the enormous delay of 1973 days in filing the Writ Appeal. On an overall view of the grounds taken in the Civil Miscellaneous Petition and submissions made by learned counsel for appellant, would make it clear that there is no 2/4

error apparent on the face of the record warranting review of order dated 24.09.2018 made in W.P.No.8466 of 2017. In such circumstances, application for condonation of delay is wholly misplaced and so We do not find any merit in the application for condonation of delay and as such, the same is dismissed. Consequently, Writ Appeal SR is rejected. No costs. (J.N.B,J.) (P.D.B., J.) 08.04.2024 Index: Yes / No Internet:Yes/No Speaking order: Non-speaking order msv To The Managing Director, State Express Transport Corporation (Tamil Nadu) Ltd., Anna Salai, Chennai - 600002.

3/4

J. NISHA BANU, J.

and P.DHANABAL,J.

msv CMP No.8011 of 2024 in W.A.Sr.No.38077 of 2024 08.04.2024 4/4