Commissioner Of Police Madurai City v. Akilandam

C.M.P.No.8785 of 2020 in C.M.A.SR.No.51460 of 2020 S.M.SUBRAMANIAM,J The Civil Miscellaneous Petition is filed to condone the delay of 303 days in filing the appeal challenging the Judgment and Decree dated 30.04.2019 passed in M.C.O.P.No.124 of 2016.

2. The learned Special Government Pleader appearing on behalf of the petitioner contended that the delay occurred due to the administrative reasons.

3. On perusal of the affidavit, it reveals that the Judgment and Decree in M.C.O.P.No.124 of 2016 was passed on 30.04.2019. The copy application was made on 09.07.2019 and it was ready on 27.09.2019, which was received by the petitioner on 04.10.2019. The time for filing an appeal is 90 days, but he has stated that due to COVID-19, he was unable to file the appeal within a reasonable period. The affidavit further reveals that the appeal is unable to be filed not only due to administrative delay but also due to pandemic [COVID-19]. This Court is of the considered opinion that the impact of the pandemic

is on going from the month of March 2020. Under these circumstances, the delay stands condoned and the Civil Miscellaneous Petition stands allowed.

22.09.2020 ssb

S.M.SUBRAMANIAM,J ssb C.M.P.No.8785 of 2020 in C.M.A.SR.No.51460 of 2020 22.09.2020