State Of Tamil Nadu v. T. Arivazhagan

C.M.P.No.17524 of 2023 in W.A.No.SR99315 of 2023 R.MAHADEVAN, J.

AND MOHAMMED SHAFFIQ, J.

This civil miscellaneous petition has been filed by the petitioners seeking to condone the delay of 1828 days in filing the above appeal. 2.

Heard Mr.S.Yashwanth, learned Additional Government Pleader appearing for the petitioners, who submitted that the impugned order dated 29.06.2018 passed in W.P.No.13466 of 2008 was received in the office of the first appellant only on 27.03.2019 and thereafter, due to bifurcation and amalgamation of Chennai Sub-Urban Police with Greater Chennai Police, the records were dislocated and after some efforts, certain old records were traced. It is further submitted that thereafter, due to COVID -19 pandemic situation, papers could not be filed before the Registry on time and therefore, the delay has occasioned, which is neither wilful nor wanton. Stating so, the learned counsel sought to condone the delay in filing the appeal. 3.

Mr.K.Premkumar, learned counsel for the respondent refuted the aforesaid submissions made on the side of the petitioners, by filing counter affidavit.

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R.MAHADEVAN, J.

AND MOHAMMED SHAFFIQ, J.

nsd 4.

Though this Court is satisfied with the reasons assigned in the affidavit filed in support of this petition, considering the huge delay in filing the above appeal, delay is condoned on condition that the petitioners shall pay a sum of Rs.2,000/- towards costs to the Tamil Nadu Mediation and Conciliation Centre, Madras High Court, Chennai, within two weeks from the date of receipt of copy of this order.

5.

Upon production of receipt for payment of costs, this civil miscellaneous petition stands ordered.

[R.M.D., J.] [M.S.Q., J.] 04.01.2024 nsd C.M.P.No.17524 of 2023 in W.A.No.SR99315 of 2023 2/2 https://www.mhc.tn.gov.in/judis