The State Of Tamil Nadu v. K Gajalakshmi

CMP No.17670 of 2024 in WA SR No. 105413 of 2024 D.KRISHNAKUMAR, J.

AND P.B.BALAJI, J.

This petition has been filed by the Government to condone the delay of 244 days in filing the writ appeal.

In the affidavit filed along with the petition, it is stated that the petitioners sought legal opinion from the office of the Government Pleader during the month of March 2024; and thereafter during the month of May 2024, a draft appeal was prepared and it was sent to the first petitioner for getting approval; and after getting approval, draft appeal was forwarded to the legal section of the Department; and after scrutinization by the Department, present appeal has been filed; and in such circumstances there occurred a delay of 244 days in filing the appeal.

The petitioners have not stated the specific dates for the above said sequences taken place. Even though the reasons stated by the petitioners are not convincing this court and there is a lapse on the part of the appellants, the

same shall be compensated by way of imposing costs. Accordingly, this petition is allowed subject to the condition that the officer concerned/ second respondent shall pay a sum of Rs.2,500/- (Rupees two thousand and five hundred) to the State Legal Services Authority, Chennai within a period of one week from the date of receipt of a copy of this order. Copy of this order shall be communicated to the Director of School Education, DPI Complex, College Road, Nungambakkam, Chennai-8 to give necessary instructions to the officers concerned to file appeal within time, in which, the Department decided to prefer an appeal, otherwise, necessary action will be taken against the officers concerned. (D.K.K., J.) (P.B.B., J.) 17.10.2024 mst Note: Registry is directed to number the appeal, in compliance of the above said order.

Copy to The Director of School Education, DPI Complex, College Road, Nungambakkam, Chennai.

D.KRISHNAKUMAR, J.

AND P.B.BALAJI, J.

mst W.A.SR No.105413 of 2024 17.10.2024