Madras High CourtCMP/24823/2023ordered on terms

The Secretary To Government v. S.Subbiah

2026-01-28Honourable Mr Justice R. Suresh Kumar,Honourable Mr.Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.01.2026 CORAM :

THE HONOURABLE MR.JUSTICE R. SURESH KUMAR AND THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN C.M.P.No.24823 of 2023 in W.A.Sr.No.137644 of 2023

1. The Secretary to Government Revenue Department, Secretariat Chennai - 600 009.

2. The Director of Survey and Settlement Chepauk, Chennai - 600 005.

Petitioners Vs.

S.Subbiah ..

Respondent Prayer: Petition filed under Section 5 of the Limitation Act, to condone the delay of 526 days in filing the writ appeal against the order dated 11.04.2022 made in W.P.No.23187 of 2015. For the Petitioners :

Mr.S.Yashwanth Additional Government Pleader For the Respondent :

Mr.J.Melwin Jabaz for Mr.K.N.Pandian

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) This petition is filed to condone the delay of 526 days in filing the writ appeal.

2. Heard Mr.S.Yashwanth, learned Additional Government Pleader for the petitioners and Mr.J.Melwin Jabaz, learned counsel appearing on behalf of Mr.K.N.Pandian, learned counsel for the respondent.

3. Though this condone delay petition was opposed by the learned counsel appearing for the respondent, on seeing the reasons which are administrative in nature according to the petitioners/appellants, as stated in the affidavit filed in support of this petition, we are inclined to accept this petition on condition.

4. Since some prejudice definitely would have been caused to the respondent, this petition is to be ordered only on terms, hence, there shall be a direction to the petitioners/appellants to pay a sum of Rs.5,000/- (Rupees Five Thousand Only) to the respondent, by way of cost, through Mr.J.Melwin Jabaz, learned counsel appearing for the respondent within a period of two weeks from the date of receipt of a copy of the order.

5. On that condition, the delay of 526 days in filing the appeal is condoned, accordingly, this petition stands ordered. (R.S.K., J.) (V.L.N., J.) 28.01.2026 Speaking Order/Non-Speaking Order Internet:Yes/No Index:Yes/No (drm) To:

1. The Secretary to Government Revenue Department, Secretariat Chennai - 600 009.

2. The Director of Survey and Settlement Chepauk, Chennai - 600 005.

R. SURESH KUMAR, J.

AND V. LAKSHMINARAYANAN, J.

(drm) 28.01.2026