Madras High CourtCMP/8214/2016dismissed

The Director Of Town Panchayat v. K. Malliga

2017-06-07Honourable Mr Justice Rmt. Teekaa Raman,Honourable Mr Justice Huluvadi G. Ramesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.06.2017

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN C.M.P. No.8214 of 2016 in W.A. No.SR 33752 of 2016 and W.A. No.SR 33752 of 2016 1.The Director of Town Panchayat, Kuralagam, Chennai- 108.

2. The District Collector, Thiruvanamalai District, Thiruvannamalai.

..Petitioners/Appellants /Versus/ 1.K.Malliga 2.The Executive Officer, Kilpennathur Town Panchayat, Kilpennathur, Thiruvannamalai District.

..Respondents/Respondents Prayer: Civil Miscellaneous Petition filed under Section 5 of the Limitation Act to condone the delay of 1118 days in filing the above Writ Appeal against the order dated:15.02.2013 made in W.P. No.1742 of 2008. Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 15.02.2013 made in W.P.No.1742 of 2008.

For Petitioners/Appellants : Mrs.A.Srijayanthi, Special Government Pleader.

For Respondent-1 : Mr.G.Sankaran For Respondent-2 : No appearance. COMMON ORDER (Order of the court was made by RMT.TEEKAA RAMAN,J.) This Civil Miscellaneous Petition filed by the petitioners to condone the delay of 1118 days in filing this Writ Appeal against the order dated:15.02.2013 made in W.P. No.1742 of 2008. 2.

The petition is filed with a delay of 1118 days in filing the Writ Appeal against the order passed by the learned Single Judge on 15.02.2013 in Writ Petition No.1742 of 2008. On perusal of the affidavit filed in support of the petition seeking to condone the delay, except administrative reasons, we do not find any other explanation forthcoming from the Government. Therefore, we are of the view that the exorbitant delay of more than 1000 days is not properly explained. In view of the same, we are not inclined to condone the delay. Accordingly, the petition seeking to condone the delay is dismissed. Consequently , the writ appeal at SR stage is rejected. (H.G.R.,J.)(T.K.R.,J.) 07.06.2017.

Index:Yes/No Internet:Yes/No rkp/ssk.

To:

The Executive Officer, Kilpennahur Town Panchayat, Kilpennathur, Thiruvannamalai District.

HULUVADI G. RAMESH, J.

AND RMT.TEEKAA RAMAN, J rkp/ssk.

CMP. No.8214 of 2016 in W.A. No.SR 33752 of 2016 and W.A. No.SR 33752 of 2016 07.06.2017.

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