Kannusamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY in W.A.(MD)SR.No.16240 of 2025 A.Kannusamy ... Petitioner -Vs1.The District Collector, O/o. District Collector, Thanthonimalai, Karur District.

2.The Districts Most Backward Class Welfare Officer, O/o. District Collector, Thanthonimalai, Karur District.

3.The Tahsildar, Kadavur Taluk, Karur District.

... Respondents PRAYER in C.M.P.(MD)No.3323 of 2025: Petition-filed Under Clause 5 of the Limitation Act, to condone the delay of 701 days in preferring the writ appeal against the order passed in W.P.(MD)No.3806 of 2023, dated 24.02.2023.

Prayer in W.A.(MD)SR.No.16240 of 2025:Writ Appeal- filed under Clause 15 of the Letters Patent, to set aside the order in W.P.(MD)No.3806 of 2023, dated 24.02.2023.

For Petitioner : Mr.M.Saravanan For Respondents : Mr.S.S.Madhavan, Additional Government Pleader

ORDER

[Order of the Court was made by J.NISHA BANU, J.] This petition has been filed to condone the delay of 701 days in filing the Writ Appeal against the order passed by the learned Single Judge in W.P(MD)No.3806 of 2023, dated 24.02.2023.

2.Heard the learned counsel appearing on either side 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 the instant case, the averments made in the supporting affidavit are bereft of sufficient cause for

condoning the inordinate delay of 701 days in filing the Writ Appeal, which would clearly exhibits lethargic attitude on the part of the petitioner, as such the petitioner is 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.16240 of 2025 is rejected at SR stage itself.

[J.N.B., J.] & [S.S.Y., J.] 28.02.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The District Collector, O/o. District Collector, Thanthonimalai, Karur District.

2.The Districts Most Backward Class Welfare Officer, O/o. District Collector, Thanthonimalai, Karur District.

3.The Tahsildar, Kadavur Taluk, Karur District.

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva in W.A.(MD)SR.No.16240 of 2025 28.02.2025