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Madras High CourtCMP/27168/2023ordered

The District Collector, v. Kousalya,

2023-12-07Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy1 pages

C.M.P.No.27168 of 2023 in W.A.SR.No.129201 of 2023 THE HON'BLE CHIEF JUSTICE and D.BHARATHA CHAKRAVARTHY, J.

Heard Mr.T.K.Saravanan, learned Government Advocate for the applicants and Mr.N.Nallappan, learned counsel for respondents 1 to 58.

This application is filed to condone the delay of 334 days in filing the appeal.

Learned counsel for respondents 1 to 58 opposes the application on the ground that no sufficient cause is mentioned. It is only after filing contempt, the appeal has been filed.

We have considered the submissions and have also gone through the accompanying affidavit. It is trite that whenever cause for substantial justice and technical consideration are pitted against each other, cause for substantial justice has to be sub-served.

For the reasons stated in the accompanying affidavit, the delay of 334 days in filing the appeal is condoned.

Accordingly, the application stands allowed and is disposed of.

(S.V.G., CJ.) (D.B.C., J.) 07.12.2023 drm https://www.mhc.tn.gov.in/judis