The State Of Tamilnadu v. T.K.Ramasamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 24.02.2025 Coram THE HONOURABLE MRS.JUSTICE J. NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY in W.A(MD)SR.No.7814 of 2025 and W.A(MD)SR.No.7814 of 2025 1.State of Tamil Nadu, Represented by its Secretary to Government, Co-operation Food and Consumer Protection Department, Secretariat, Chennai - 9.

2.The Registrar of Co-operative Societies, 170, Periyar E.V.R High Road, Kilpauk, Chennai - 10.

3.The Deputy Registrar of Co-operative Society, Tirunelveli Circle, Perumalpuram, Tirunelveli.

... Petitioners Vs.

T.K.Ramasamy ... Respondent Prayer in C.M.P(MD)No.1627 of 2025:- Petition is filed under Section 5 of the Limitation Act to condone the delay of 760 days in filing W.A(MD)SR.No.7814 of 2025.

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Prayer in W.A(MD)SR.No.7814 of 2025:- Writ Appeal is filed under Clause 15 of the Letters Patent against the order passed by this Court in W.P(MD)No.1064 of 2018 dated 29.11.2022.

For Petitioners : Mr.M.Sarangan Additional Government Pleader For Respondent : Mr.H.Arumugam

ORDER

(Order of the Court was made by J. NISHA BANU, J.) C.M.P(MD)No.1627 of 2025 has been filed to condone the delay of 760 days in filing the Writ Appeal, against the order passed by the learned Single Judge in W.P(MD)No.1064 of 2018 dated 29.11.2022. 2.Heard the learned Additional Government Pleader appearing for the petitioners and the learned counsel appearing for the respondent and perused the materials placed before this Court. 3.Though Courts have consistently held that the merits of the matter should be looked into, instead of throwing it on technicalities, yet, it is also a settled proposition that inordinate delay defeats equity. In 2/5

the instant case, the averments made in the supporting affidavit are bereft of sufficient cause for condoning the inordinate delay of 760 days in filing the Writ Appeal, which would clearly exhibits lethargic attitude on the part of the petitioners, as such the petitioners are not entitled to indulgence of this Court.

4.Thus, we are not inclined to condone the delay. Accordingly, this petition is dismissed. No costs. Consequently, connected W.A(MD)SR.No.7814 of 2025 is rejected, at the S.R stage itself.

[J.N.B.,J.] & [S.S.Y.,J.] 24.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 3/5

To 1.The Secretary to Government, Represented by the State of Tamil Nadu, Co-operation Food and Consumer Protection Department, Secretariat, Chennai - 9.

2.The Registrar of Co-operative Societies, 170, Periyar E.V.R High Road, Kilpauk, Chennai - 10.

3.The Deputy Registrar of Co-operative Society, Tirunelveli Circle, Perumalpuram, Tirunelveli.

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J.NISHA BANU , J.

and S.SRIMATHY, J.

ps in W.A(MD)SR.No.7814 of 2025 and W.A(MD)SR.No.7814 of 2025 24.02.2025 5/5