The State Of Tamilnadu v. R.Mohanraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.09.2017

CORAM:

THE HONOURABLE MR. JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR. JUSTICE RMT.TEEKA RAMAN C.M.P.No.20610/2016 in W.A.SR.No.95644 of 2016

1. The State of Tamil Nadu rep. by Secretary, Transport Department, Fort St. George, Chennai-9.

2. The Commissioner of Transport Department, Chepauk, Chennai-5.

3. The Deputy Commissioner of Transport Department, Tirunelveli Circle, Tirunelveli.

4. The Regional Transport Officer, Tirunelveli.

... Petitioners Vs R.Mohanraj ... Respondent Prayer : Civil Miscellaneous Petition filed under Section 5 of the Limitation Act to condone the delay of 1507 days in filing the Writ Appeal against the order dated 08.10.2012 made in W.P.No.29209 of 2011.

For Petitioners ::

Mr.V.Jayaprakash Narayanan, Special Government Pleader For Respondent ::

Mr.P.Jagadeesan

ORDER

(Order of the Court was made by RMT.TEEKA RAMAN, J.) Seeking to condone the delay of 1507 days in filing the Writ Appeal against the order of this Court dated 08.10.2012 made in W.P.No.29209 of 2011.

2.

In the Writ Petition, the daughter of the deceased employee S.Rajan, who was working as a Typist in the 4th respondent department, sought for compensate ground appointment and the same was allowed on 08.10.2012 by a learned Single Judge of this Court. As per the orders of this Court, the respondents have to comply with the same, within a period of 2 months from the date of receipt of a copy of that order i.e. on or before 07.12.2012. However, the State has not given a due compliance of the order passed by the learned Single Judge which forced the writ petitioner to file a Contempt Petition in the year 2015. While the said Contempt Petition is pending, on 23.12.2016, it appears that this petition to condone the delay of 1507 days in filing the appeal has been moved.

3.

Heard both sides.

4.

We are not satisfied with the reasons stated in the affidavit filing in support of the petition for condoning the delay of 1507 days in filing the above appeal since there is nothing to show that there is a sufficient cause to condone the such huge delay. Therefore, the Civil Miscellaneous Petition is dismissed. Consequently, the Writ Appeal is rejected.

(H.G.R.J.) (T.K.R.J.) 15.09.2017 tsi

HULUVADI G.RAMESH,J.

and RMT.TEEKA RAMAN, J.

tsi C.M.P.No.20610/2016 in W.A.SR.No.95644 of 2016 15.09.2017