Krishnaveni v. The Special Commissioner

THE HON'BLE CHIEF JUSTICE and D.BHARATHA CHAKRAVARTHY, J.

Heard Mr.C.P.Sivamohan, learned counsel for Mr.R.Rajamahendran, learned counsel for the applicants and Mr.P.Muthukumar, learned State Government Pleader for the non-applicants.

2. This application is filed to condone the delay of 1145 days in filing the appeal.

3. Learned State Government Pleader opposes the application on the ground that no sufficient cause is mentioned and that the delay is an inordinate one.

4. It is trite that when technical consideration and cause for substantial justice are pitted against each other, cause for substantial justice stands sub-served. Moreover, the applicants are not to gain by the delay. The reasons are given that the advocate of the applicants

has died and as such, there was a communication gap. The papers could not be received and it is only from the legal heirs of the deceased advocate of the applicants, the papers came to be handedover to the applicants.

5. Considering the aforesaid, the delay of 1145 days in filing the appeal is condoned. Accordingly, the application stands allowed and is disposed of.

(S.V.G., CJ.) (D.B.C., J.) 08.01.2024 drm

THE HON'BLE CHIEF JUSTICE and D.BHARATHA CHAKRAVARTHY, J.

(drm) 08.01.2024