The State Of Tamil Nadu v. K. Chinnasamy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-04-2026
CORAM
THE HON'BLE MR JUSTICE R.SURESH KUMAR AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR
1. The State of Tamil Nadu, Rep. by its Secretary to Government, Forest and Environment Department, Fort St. George, Chennai - 600 009.
2. The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai - 600 015.
3. The District Forest Officer, Dharmapuri Forest Division, Dharmapuri, Dharmapuri District.
..Petitioners Vs K.Chinnasamy ..Respondent PRAYER in C.M.P.No.13926 of 2025 : Petition filed under Section 5 of the Limitation Act, to condone the delay of 2145 days in filing the above writ appeal against the order dated 12.12.2018 made in W.P.No.32586 of 2018.
PRAYER in W.A.SR.No. 83991 of 2025 : Appeal filed under Clause XV of Letters Patent, against the order passed by this Court in W.P.No.32586 of 2018 dated 12.12.2018.
For Petitioners :
Mr.R.Neethi Perumal Government Advocate For Respondent :
Ms.Sindhu Nathi
O R D E R
(Order of the Court was made by R.SURESH KUMAR, J.) This petition has been filed to condone the huge delay of 2145 days.
2. The reasons for such a very long delay which is more than seven years have been stated at paragraph No.11 of the affidavit filed in support of the petition which reads thus:
"11. It is therefore just and necessary to file writ appeal before this Hon'ble High Court. The original order of the judgement of W.P.No.32586 of 2018 dated 12.12.2018 was received in the office of the 2nd Petitioner / Appellant on 09.04.2019. In this Continuation, Biodata of the Respondent Thiru.K.Chinnasamy was submitted to the 1st and 2nd Petitioner / Appellant vide District Forest Officer, Dharmapuri C.No.3888/2018/E2 dated 10.06.2019. In this regard the Government in Lr.No.22246/FR 2 (II) 2019-1 dated 27.08.2019 has directed to furnish the Genuineness
certificate of the writ petitioners regarding their date of joining, seniority in the statewide seniority list and Educational Qualification. On verifying service register of the Respondent, the Educational Qualification has been recorded as IX th Std. Hence the Headmaster, Government Higher Secondary School, Kadathur, Dharmapuri has been addressed to issue certificate of genuineness certificate about the educational qualification of the respondent. The Headmaster has reported that the Educational qualification certificate furnished by the respondent as "False" in his Letter No.153/2019 dated 16.10.2019. The Principal Chief Conservator of Forests (HoFF), Chennai has instructed vide Ref.No.LL1/26276/2019, dated 04.12.2019 to initiate Departmental action against the respondent for submitting fake education certificate.
The enquiry officer has submitted his report on 05.07.2021 and final order has been issued by the third petitioner / appellant as per Proc.No.3888/2019/E3 dated 28.02.2022. In this order increment has been postponed for next two years without cumulative effect. The 2nd respondent after obtaining service particulars of the petitioner from relevant Divisional / Range offices and has submitted a proposal to Government Vide Lr.No.LL1/26276/2019 dated 07.10.2023. There is a delay of 2145 days due to above mentioned administrative reasons and Covid-19 pandemic situation."
3. Having perused the said reasons, we are afraid of taking those reasons as acceptable reasons to condone the delay that too for nearly about seven years, i.e., 2145 days.
4. Conducting an enquiry about the certificate whether it is genuine or not is no way connected with preferring an intra-Court appeal as once the order has been passed by the writ Court in allowing the writ petition by order dated 12.12.2018, as per the Statue, appeal ought to have been filed within a period of thirty days. Assuming that, they received the order copy on 09.04.2019, from that date within one month, the appeal ought to have been filed, i.e., on or before 08.05.2019, as that date falls on summer vacation, the appeal ought to have been filed on the very reopening day, i.e., 1st week of June, 2019, whereas this appeal has been filed after seven years, for which absolutely no reason had been adduced.
5. Such kind of huge delay if at all to be condoned, a very specific and strong reason must have been provided that too with supporting documents. Here in the case in hand, no such attempt even has been made by the present petitioners / proposed appellants seeking for such relief of condoning the huge delay of 2145 days.
6. If such huge delay is condoned based on these reasons which are unworthy even to consider and as a routine process, if the Court has come forward to consider those delay to an extent of 2145 days, a great prejudice would be caused to the respondent / writ petitioner and therefore, this Court is not inclined to entertain this condone delay petition for all these reasons above stated, hence, this petition is liable to be dismissed, accordingly, it is dismissed. Connected W.A.SR.No.83991 of 2025 is rejected. (R.S.K., J.) (N.S., J.) 21-04-2026 Index: Yes/No Speaking/Non-speaking order vji To
1. Secretary to Government, State of Tamil Nadu, Forest and Environment Department, Fort St. George, Chennai - 600 009.
2. The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai - 600 015.
3. The District Forest Officer, Dharmapuri Forest Division, Dharmapuri, Dharmapuri District.
R.SURESH KUMAR, J.
AND N.SENTHILKUMAR, J.
vji 21-04-2026