Sri. R. Pavithran Rayaroth v. Ashokan Rayaroth (Dead) 1. Sindu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.02.2026

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN in WA SR No.73305 of 2025 R.Pavithran Rayaroth :

Petitioner versus 1.Sindhu 2.Abhi Krishna Rayaroth Santha (dead) rep. By her legal representatives 3.Swathi Chandran 4.Swaroop Chandran 5.Abhi Krishna 6.Neena 7.Swathi Chandran 8.Swaroop chandran 9.The Sub Registrar Sub Registrar, Mahe civil Station, Mahe Puducherry 673 310 10.The Maintenance & Weflare of Senior Citizens Tribunal

rep. By its Registrar, Government House, Mahe, Puducherry 673 310 :

Respondents (Cause title accepted vide order dated 19.06.2025 in CMP No.13536/2025 in WA SR No.73305 of 2025) Prayer : Petition filed to condone the delay of 230 days in filing the writ appeal.

For Petitioner :

Ms.Gopika Nambiar For Respondents :

Mr.K.Swaminathan, for Mr.Pramodh Kumar, for respondents 1 and 2 No appearance for respondents 3 to 10

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard learned counsel for the applicant and learned counsel for the respondent.

2. This is an application for condonation of delay of 230 days in filing the appeal.

3. In the affidavit filed in support of the petition, the reason for delay is explained as below:

"16. I submit that pertinently, during the pendency of the writ petition, my brother Chandran Rayaroth (2nd respondent) passed away on 21.2.2022 and my mother (1st respondent) passed away on 12.5.2023. Despite being fully aware of their demise, Ashokan Rayaroth viz., the petitioner did not implead the legal heirs. I am advised to state that the same is fatal as the order was passed against two dead persons. 17.I submit that unfortunately, my advocate did not inform me about the passing of the impugned order by the learned Single Judge on 13.8.2024. Being a senior citizen ridden with ailments, I could not come down to Chennai from Mahe and follow up the advocate either. In the meanwhile, my brother Chandran passed away on 21.2.2022 and my mother passed away on 12.5.2023.

It was only on 14 April, 2025 at a family gathering in connection with the festival of Vishu, that I learnt about the passing of the impugned order. I immediately took steps to engage an advocate and file the present appeal. Consequentially, there is a delay of 230 days in filing the writ appeal. The delay is neither wilful nor wanton. I will be put to great hardship if the delay is not condoned."

4. Learned counsel for the respondent does not have any objection for condoning the delay.

5. Taking into consideration the cause shown, though the delay is gross, there is satisfactory explanation; mainly because of death of brother and mother of the petitioner in quick succession. In our view, that constitutes sufficient cause to condone the delay.

6. The delay is therefore condoned. Post the appeal for admission.

(MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 19.02.2026 TAR