M.Chandran v. State Human Rights Commission

M.SUNDAR, J.

and HEMANT CHANDANGOUDAR, J.

(Order of the Court was made by M.SUNDAR, J.) Captioned 'writ miscellaneous petition' [hereinafter 'WMP' for the sake of brevity] has been filed with Condonation of Delay (CoD) prayer qua 179 days delay in filing a petition to restore the captioned main 'writ petition' [hereinafter 'WP' for the sake of brevity] which was dismissed for default/nonprosecution on 29.04.2024.

2.

Mr. N. Elumalai, learned counsel on record for WMP petitioner is before us and learned counsel draws our attention to paragraph 4 of support affidavit, the scanned reproduction of which is as follows: 1/4

3.

Mr. S. Wilson, learned counsel for R1 (SHRC), Mr.T.K.Saravanan, learned Additional Government Pleader for R2, Mr.S.Santhosh, learned Government Advocate (Criminal Side) for R3 and Mr.G.Balamanikandan, learned counsel for R4 do not oppose the CoD prayer.

4.

R5 (Mr.D.Sivashanmugam) is a learned Member of the Bar and is appearing party-in-person. R5 submitted that a counter affidavit dated 07.03.2025 (counter affidavit does not have jurat) has been filed, however, R5 very fairly submitted that the CoD prayer can be considered at the discretion of the Court and only made a faint reference to the counter affidavit.

5.

Considering the facts and circumstances of the case, nature of the matter and the reason for CoD, more particularly, paragraph 4 of the support affidavit reproduced and extracted supra, this Court is convinced that the CoD prayer deserves to be accepted. In this regard, this Court deems it appropriate to record that the writ petitioner is ready to argue the captioned WP today but R5 requests for an accommodation citing difficulty at his end. We have taken this also into account as a parameter for acceding to the CoD prayer.

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6.

In the light of the narrative thus far, delay of 179 days in filing the restoration petition is condoned and captioned W.M.P. is allowed/ordered as prayed for. There shall be no order as to costs. (M.S., J.) (H.C., J.) 17.06.2025 cad 3/4

M.SUNDAR, J.

and HEMANT CHANDANGOUDAR, J.

cad W.M.P. No.40341 of 2024 in W.P. No.34139 of 2019 17.06.2025 1/2 4/4