The Secretary To Government v. Smt.T.Shanthi,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.04.2018

CORAM:

THE HONOURABLE MR. JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR. JUSTICE M.DHANDAPANI C.M.P.No.6444/2018 in W.A.SR.No.20637 of 2018

1. The State of Tamil Nadu rep. by Secretary, Revenue Department, Fort St. George, Chennai-9.

2. The Additional Chief Secretary, Commissioner of Revenue Administration, Chepauk, Chennai-5.

3. The District Collector, Salem District.

... Petitioners Vs T.Shanthi ... Respondent Prayer : Civil Miscellaneous Petition filed under Section 5 of the Limitation Act to condone the delay of 511 days in filing the Writ Appeal against the order dated 27.09.2016 made in W.P.No.4640 of 2016. For Petitioners ::

Mr.R.Govindasamy, Special Government Pleader For Respondent ::

Mr.S.Vijayakumar

ORDER

(Order of the Court was made by HULUVADI G.RAMESH, J.) Seeking to condone the delay of 511 days in filing the Writ Appeal against the order of this Court dated 27.09.2016 made in W.P.No.4640 of 2016.

2.

Heard the learned Counsel on either side and we have also carefully perused the materials placed on record including the order passed by the learned Single Judge of this Court in W.P.No.4640 of 2016 dated 27.09.2016.

3.

On a perusal of the order passed by this Court, it appears that the learned Single Judge after dealing with the matter in detail, quashed the impugned order passed by the 1st respondent dated 31.12.2013 and also directed the 1st respondent to consider the request of the petitioner therein to include his name in the panel of Deputy Collector. Aggrieved over the same, the State has preferred the present appeal with a huge delay of 511 days in filing the same. 4.

Under such circumstances, we are of the view that by the passage of time, there is a possibility of the petitioner being promoted to other higher post. That apart, there is no proper and satisfactory

explanation offered by the petitioners herein to condone the delay of 511 days in preferring the Writ Appeal. In view of all the above, the Civil Miscellaneous Petition is dismissed. Consequently, the Writ Appeal is rejected.

(H.G.R.J.) (M.D.I.J.) 18.04.2018 tsi

HULUVADI G.RAMESH,J.

and M.DHANDAPANI, J.

tsi C.M.P.No.6444/2018 in W.A.SR.No.20637 of 2018 18.04.2018