The Principal Chief v. K Syed Peer Mohammad

W.M.P.No.32673 of 2023 in Rev.Aplw.Sr.No.121722 of 2022 in W.P.No.12344 of 2006 Dr.ANITA SUMANTH, J.

This miscellaneous petition has been filed by the Principal Chief Conservator of Forests seeking condonation of delay of 563 days in filing review application.

2. There is absolutely no justification set out in the application itself that would warrant the elapse of 563 days in filing review petition.

3. At paragraph 8, this is what the applicant has stated:- "8. I submit that the certified copy of the common order passed in W.P.No.12344 of 2006 dated 29.09.2021 was communicated to this office on 30.12.2021. The Review Application should have been filed on or before 29.10.2021, however only after the instructions of the Principal Chief Conservator of Forests, Chennai to file review application, review is being filed. The necessary papers and the files and connected documents with reference to the charge memos have been forwarded and handed over to Vigilance and Anti-Corruption Department and many documents in the office records were not readable and not available and it necessitated to collect all the documents from different offices, which caused considerable delay and now due to demise of the Respondent/Petitioner herein, papers were called from the District Forest Office, Thoothukudi office of the 4th Petitioner / Review Applicant with respect to action taken on the issue relating to him for settlement of

the pensionary benefits inrespect of the respondent and got pension payment order in this regard and also due to other administrative reasons, the Review Application could not be filed in time. Hence there is a delay of 563 days in filing this Review Application."

4. It is clear that the only reason for delay is the careless approach of the petitioner and administrative reasons which do not persuade this Court to condone the delay.

5. That apart, this matter had come up on 01.12.2023 when the learned Government Advocate had stated that he does not have the papers, seeking time. Hence it was adjourned for hearing today. Even today, Mr.Ravichandran, reports no instructions in the matter.

6.

This Court does not appreciate the approach of the State in filing such applications belatedly and without any intention of pursuing the same. This petition is dismissed with costs of Rs.10,000/- payable to Cancer Institute, Adayar, Chennai. 15.12.2023 ssm

Dr.ANITA SUMANTH, J.

ssm W.M.P.No.32673 of 2023 in Rev.Aplw.Sr.No.121722 of 2022 in W.P.No.12344 of 2006 15.12.2023