The Government Of Tamilnadu v. E.Govindasamy

THE HON'BLE ACTING CHIEF JUSTICE and D.KRISHNAKUMAR, J.

(Order of the Court was made by The Hon'ble Acting Chief Justice) C.M.P.No.18121 of 2022 has been preferred by the State seeking to condone the delay of 162 days in filing the appeal against the order dated 05.04.2022 made in Writ Petition No.28131 of 2017.

2. Heard Mr.P.Muthukumar, learned State Government Pleader appearing for the petitioners.

3. In the affidavit filed in support of the petition for condonation of delay, it has been stated that the certified copy of the order passed in the writ petition dated 05.04.2022 was received by the petitioners only on 13.06.2022 and thereafter, after obtaining legal opinion proposing to file an appeal on 16.08.2022, the appeal has been filed. It is also stated that the original records could not be traced for the purpose of filing appeal, in the meanwhile, the delay of 162 days has occurred, which is neither wilful nor

wanton, but only due to the bona fide reasons stated above.

4. But we do not find any sufficient cause shown by the petitioners to condone such a huge delay of 162 days in filing the appeal. Therefore, the civil miscellaneous petition is dismissed. Consequently, W.A.SR No.113949 of 2022 stands rejected.

(T.R.,A.C.J.) (D.K.K.,J.) 23.11.2022 ss

THE HON'BLE ACTING CHIEF JUSTICE AND D.KRISHNAKUMAR, J.

ss C.M.P.No.18121 of 2022 in W.A.SR No.113949 of 2022 23.11.2022