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Madras High CourtCMP/18273/2024ordered

The Principal Secretary To Government v. R Rajesh

2024-09-10Honourable The Acting Chief Justice,Honourable Mr Justice P.B. Balaji1 pages

C.M.P.No.18273 of 2024 W.A.No.SR 107361 of 2024 THE HON'BLE ACTING CHIEF JUSTICE and P.B.BALAJI,J.

We have perused the affidavit filed in support of this miscellaneous petition and do not find any satisfactory explanation for the delay of 296 days in filing the appeal.

A counter affidavit has been filed objecting the petition filed to condone the delay.

Considering the settled proposition of law that when the cause for substantial justice is pitted against the technical considerations, the cause for substantial justice has to be given greater weightage, the delay is condoned subject to the condition that the petitioners pay cost of Rs.10,000/- to the Tamil Nadu State Legal Services Authority, Chennai, within one week from today.

Subject to payment of the aforesaid costs, this miscellaneous petition is ordered. On payment of costs and production of proof thereof, the Registry is directed to number the appeal, if it is otherwise found to be in order, and list the same next week.

(D.K.K., ACJ.) (P.B.B., J.) 10.09.2024 sasi https://www.mhc.tn.gov.in/judis