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Madras High CourtCMP/7269/2025ordered on terms

The Director Of Municipal Administration v. M Vijayakumar

2025-11-04Honourable Mr Justice R. Suresh Kumar,Honourable Mr.Justice Hemant Chandangoudar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.11.2025 CORAM :

THE HONOURABLE MR.JUSTICE R. SURESH KUMAR AND THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR C.M.P.No.7269 of 2025 in W.A.Sr.No.37916 of 2025

1. The Director of Municipal Administration Chepauk, Chennai - 600 005.

2. The Secretary to Government Municipal Administration and Water Supply Department Secretariat, Chennai - 600 009.

..

Petitioners Vs.

1. M.Vijayakumar

2. The Commissioner Kancheepuram Municipality Kancheepuram.

..

Respondents Prayer: Petition filed under Section 5 of the Limitation Act, to condone the delay of 664 days in filing the writ appeal against the order dated 09.02.2023 made in W.P.No.25984 of 2015. For the Petitioners : Mr.R.Neelakandan Additional Advocate General assisted by Mr.E.Veda Bagath Singh Special Government Pleader For the Respondents : Mr.S.N.Ravichandran for Mr.T.Ranganathan for R1 Mr.R.A.Gopinath for R2

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) This petition is filed to condone the delay of 664 days in filing the writ appeal against the order dated 09.02.2023 made in W.P.No.25984 of 2015.

2. Heard Mr.R.Neelakandan, learned Additional Advocate General assisted by Mr.E.Veda Bagath Singh, learned Special Government Pleader for the petitioners, Mr.S.N.Ravichandran, learned counsel appearing on behalf of Mr.T.Ranganathan, learned counsel for the first respondent and Mr.R.A.Gopinath, learned counsel for the second respondent.

3. The delay is 664 days. Though reasons have been stated in the affidavit filed in support of this petition, as the delay is 664 days, which is more than a year and since it is opposed by the learned counsel appearing for the first respondent to condone the delay, we are inclined to allow this petition, as the main issue since has to be heard in the writ appeal, of course on terms.

4. Therefore, this petition is ordered on payment of Rs.5,000/- [Rupees Five Thousand Only], which shall be paid by the petitioners to the first respondent through the learned counsel

appearing for the first respondent within a period of two weeks from the date of receipt of a copy of this order. On such payment, after verifying the same, this petition is ordered and the Registry is directed to number the same and post for admission, if it is otherwise in order.

5. Resultantly, the delay of 664 days in filing the petition is condoned. Accordingly, the petition is ordered on compliance of the aforesaid terms.

(R.S.K., J.) (H.C., J.) 04.11.2025 Speaking Order/Non-Speaking Order Internet:Yes/No Index:Yes/No (drm) To:

1. The Director of Municipal Administration Chepauk, Chennai - 600 005.

2. The Secretary to Government Municipal Administration and Water Supply Department Secretariat, Chennai - 600 009.

3. The Commissioner Kancheepuram Municipality Kancheepuram.

R. SURESH KUMAR, J.

AND HEMANT CHANDANGOUDAR, J.

(drm) C.M.P.No.7269 of 2025 in W.A.Sr.No.37916 of 2025 04.11.2025