A.Gurusmay v. The Government Of Tamilnadu

THE HON'BLE CHIEF JUSTICE and D.BHARATHA CHAKRAVARTHY, J.

(Order of the Court was made by the Hon'ble Chief Justice) Heard Mr.N.Manoharan, learned counsel for the applicants, Mr.K.Karthik Jagannath, learned Government Advocate for non-applicants 1 and 2 and Mr.D.Shivakumaran, learned counsel for non-applicant 3.

2. These applications are filed to condone the delay of 232 days and 267 days in filing the respective appeals.

3. Learned counsel appearing for the respective non-applicants oppose these applications on the ground that no sufficient cause is mentioned. There is delay at every stage of the proceedings. The applicants are negligent.

4. We have gone through the reasons given in the respective accompanying affidavits. The applicants are not to gain by the delay. It

is trite that whenever cause for substantial justice and technical considerations are pitted against each other, cause for substantial justice has to be subserved.

5. The applicants have given reasons about the eye surgery, the application for certified copies not being filed and the order not being communicated.

6. For the reasons stated in the respective accompanying affidavits, the delay of 232 days and 267 days in filing the respective appeals is condoned. Accordingly, the applications stand allowed and are disposed of.

(S.V.G., CJ.) (D.B.C., J.) 23.02.2024 drm

THE HON'BLE CHIEF JUSTICE and D.BHARATHA CHAKRAVARTHY, J.

(drm) 23.02.2024