The Secretary To Government, v. R.Gomathi
CMP NO. 28952 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-03-2025
CORAM
THE HONOURABLE MR JUSTICE R. SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN CMP NO. 28952 of 2024 IN WA SR NO. 165594 OF 2024
1. The Secretary to Government, Home (Police II) Department, Fort St. George, Chennai 9.
2. The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai-4.
3. The Deputy Inspector General of Police, Kancheepuram Range, Kancheepuram.
Appellant(s) Vs R.Gomathi W/o.Ananthanarayanan, Woman Sub - inspector of Police, Thirupalapanthal Police Station, on duty at District, Crime Record Bureau, Villupuram District. Villupuram.
Respondent(s) For Appellant(s):
Mr.T.Chandrasekaran, Special Government Pleader For The Appellants.
For Respondent(s):
Mr.M. Muthappan For Sole Respondent.
ORDER
(Order of the Court was made by the Hon'ble R.Subramanian J.) A long delay of 1152 days is sought to be condoned on the following reasons:- "9. It is submitted that the order was passed on 26.08.2021 and the copy of the order was received by this office on 17.12.2021. The appeal petition ought to have been filed within 30 days from the date of receipt of the copy of the order. I submit that after receiving the copy of the order, the same was forwarded to the 1st respondent on 21.11.2023 by the Superintendent of Police, Thiruvallur District. I submit that if the order passed in the writ petition is implemented, it will create a lot of problem in administrative work, after considering the matter in all aspects, the higher officials had directed on 03.07.2024 to file writ appeal before this Hon'ble Court of Madras. Hence, it would have taken a delay of 1152 days in filing the writ appeal. After that we have prepared the draft Grounds of writ appeal and filed the same with a delay of 1152 in filing the writ appeal."
2. There is hardly any reason for condonation of delay. Admittedly, the copy of the order was received on 17.12.2021 and the same was forwarded to the Government on 21.11.2023 and it is claimed that the higher officials directed filing of appeal on 03.07.2024. There is almost
a delay of three years. We are sure that these reasons, even if they are to be construed as reasons for the delay, they do not constitute sufficient cause within the meaning of Section 5 of The Limitation Act.
3. Hence, this petition is dismissed.
(R.SUBRAMANIAN J.) (G.ARUL MURUGAN J.) 05-03-2025 kmi To
1. The Secretary to Government, Home (Police II) Department, Fort St. George, Chennai 9.
2. The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai-4.
3. The Deputy Inspector General of Police, Kancheepuram Range, Kancheepuram.
R.SUBRAMANIAN, J AND G.ARUL MURUGAN, J kmi CMP NO. 28952 of 2024 IN WA SR NO. 165594 OF 2024 05.03.2025