Madras High CourtCMP(MD)/3253/2017dismissed

M. Kasimuthu v. The Additional Director

2017-04-21Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice P. Velmurugan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN C.M.P.(MD).No.3253 of 2017 IN W.A.[MD].(SR)No.15439 of 2015 M.Kasamuthu, : Petitioner / Appellant Vs.

1.The Additional Director General of Police, Law and Order, Chennai-4.

2.The Deputy Inspector General of Police, Tirunelveli District, Tirunelveli.

3.The Superintendent of Police, Thoothukudi District, Thoothukudi.

: Respondents/ Respondents Prayer in C.M.P(MD)No.3253 of 2017:- Petition filed under Section 5 Limitation Act, to condone the delay of 1686 days in filing the Writ Appeal.

Prayer in W.A(MD)SR.No.15439 of 2015:- Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 02.12.2010 made in W.P(MD).No.2489 of 2006, on the file of this Court. For Petitioner : Mr.S.Muthalraj For Respondents : Mr.S.Chandrasekar, Government Advocate.

ORDER

********* [Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.S.Muthalraj, learned counsel appearing for the petitioner and Mr.S.Chandrasekar, learned Government Advocate, appearing for the respondents.

2. This Miscellaneous Petition has been filed for condoning the delay of 1686 days in filing Writ Appeal challenging the order dated 02.12.2010 made in W.P(MD).No.2489 of 2006. https://hcservices.ecourts.gov.in/hcservices/

3. In the affidavit filed in support of the Miscellaneous

Petition, except stating that the petitioner had developed with blood pressure and sugar and he was admitted in the hospital in the year 2012 up to the year 2013 and thus, he was unable to file Writ Appeal in time, there is no plausible reason given by the petitioner. The affidavit filed in support of the Miscellaneous Petition, apart from being vague, remains unsubstantiated. Since the petitioner has failed to show sufficient cause to condone the inordinate and unexplained delay of 1686 days in filing the Writ Appeal, we are not inclined to entertain the matter.

4. In the result, the present Miscellaneous Petition is dismissed. Consequently, W.A.[MD].(SR)No.15439 of 2017 stands rejected. No costs.

Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To 1.The Additional Director General of Police, Law and Order, Chennai-4.

2.The Deputy Inspector General of Police, Tirunelveli District, Tirunelveli.

3.The Superintendent of Police, Thoothukudi District, Thoothukudi.

NB/MYR PSM/MMS/05.05.2017/2P/4C ORDER MADE IN C.M.P.(MD).No.3253 of 2017 IN W.A.[MD].(SR)No.15439 of 2015 21.04.2017 https://hcservices.ecourts.gov.in/hcservices/