Adhi Veera Pandiyan v. Umapathi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2025 CORAM :

THE HONOURABLE MR.JUSTICE R. SURESH KUMAR AND THE HONOURABLE MR.JUSTICE SHAMIM AHMED C.M.P.No.20226 of 2025 in W.A.Sr.No.117068 of 2025 Adhi Veera Pandiyan ..

Petitioner Vs.

1. Umapathi

2. The Government of Tamil Nadu Rep. By the Chief Secretary to Government Chief Secretariat, St. George Fort Chennai - 600 009.

3. The Secretary to Government Home Department, Chief Secretariat St. George Fort, Chennai - 600 009.

4. The Director General of Police Mylapore, Chennai - 600 004.

5. The Commissioner of Police Commissioner Officer, Vepery Chennai.

6. The Inspector Police E4, Abiramapuram Police Station Chennai.

7. Illayaraja

8. Vadivelu

9. Kalaiselvi ..

Respondents Prayer: Petition filed under Section 5 of the Limitation Act, to condone the delay of 620 days in filing the writ appeal against the order dated 17.10.2023 made in W.P.No.31369 of 2014.

For the Petitioner :

Mr.Rajendraprasad K For the Respondents :

Mr.R.Thirumoorthy for R1 Mr.P.Kumaresan Additional Advocate General assisted by Mr.Veda Bagath Singh Special Government Pleader for R2 and R3 Mr.S.Sugendran Additional Public Prosecutor for R4 to R6

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) This petition is filed to condone the delay of 620 days in filing the writ appeal.

2. Heard Mr.Rajendraprasad K, learned counsel for the petitioner, Mr.R.Thirumoorthy, learned counsel for respondent 1, Mr.P.Kumaresan, learned Additional Advocate General assisted by Mr.Veda Bagath Singh, learned Special Government Pleader for respondents 2 and 3 and Mr.S.Sugendran, learned Additional Public Prosecutor for respondents 4 to 6. Despite notice having been served upon respondents 7 and 8, none appears before this Court.

3. Respondent 1, though had filed counter opposing this petition to condone the delay of 620 days, since the present petitioner/proposed appellant is a third party and he is not a party to the main writ proceedings, against which, the present appeal is filed, it cannot be stated that the delay caused is without any reason.

4. Therefore, satisfied with the said circumstances, even though we are inclined to condone the delay, since some prejudice might have been caused to respondent 1 because of the delay of 620 days, we are inclined to allow this petition only on terms of payment of a sum of Rs.3,000/- [Rupees Three Thousand Only] as costs to respondent 1 by the present petitioner through the learned counsel appearing for respondent 1 within a period of two weeks from the date of receipt of a copy of this order. On the aforesaid terms, the delay of 620 days in filing the appeal is condoned. Accordingly, this petition is ordered.

(R.S.K., J.) (S.S.A., J.) 18.12.2025 Speaking Order/Non-Speaking Order Internet:Yes/No Index:Yes/No

(drm) To:

1. The Chief Secretary to Government The Government of Tamil Nadu Chief Secretariat, St. George Fort Chennai - 600 009.

2. The Secretary to Government Home Department, Chief Secretariat St. George Fort, Chennai - 600 009.

3. The Director General of Police Mylapore, Chennai - 600 004.

4. The Commissioner of Police Commissioner Officer, Vepery Chennai.

5. The Inspector Police E4, Abiramapuram Police Station Chennai.

R. SURESH KUMAR, J.

AND SHAMIM AHMED, J.

(drm) C.M.P.No.20226 of 2025 in W.A.Sr.No.117068 of 2025 18.12.2025