The Project Director v. P.Petchi @ Petchiammal (Died) 1. J.Rani
CMP(MD) NO. 15944 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23-10-2025
CORAM
THE HONOURABLE MR JUSTICE P.VELMURUGAN AND THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI CMP(MD) NO. 15944 of 2023 IN CMA(MD) SR NO. 2096 OF 2023 The Project Director National Highways No.45E and 220 National Highways Authority of India, Plot No.3, Suriya Towers, 2nd Floor, 1st East Street, K.K.Nagar (Near Muthuvelrajan Hospital) Madurai 20. Now at Plot No.1, Aishwaryam Heights Indira Nagar, Sennamanaickenpatti (PO) Thadikombu Road, Dindigul 624 004. Petitioner(s) Vs P.Petchi @ Petchiammal (died) 1. J.Rani D/o. Late. Periakaruppathevar, Wife of Jeyapal, Anna Nagar, Batlagundu, Nilakkottai Taluk, Dindigul District. P.Elangovan (Died)
2. E.Poonga W/o. Late. Elangovan, 13th Ward,
3. E.Raguveer, S/o. Late. Elangovan, 13th Ward,
4. E.Dhinesh Kumar S/o. Late. Elangovan, 13th Ward,
Theni District P.Ramesh (Died)
5. K.Priya D/o. Late. Periakaruppathevar, W/o. K.Kubendran, School Street,
6. Selvi W/o. Late. Ramesh, Door No.1, Vellaiyan Poyan Street,
7. Sneha D/o. Late. Ramesh, Door No.1, Vellaiyan Poyan Street,
8. Minor Bavani, D/o. Late. Ramesh, Represented by her mother/ natural guardian Sneha, Door No.1, Vellaiyan Poyan Street,
9. Minor Nishanth, S/o. Late. Ramesh, Represented by her mother/ natural guardian Sneha
Door No.1, Vellaiyan Poyan Street,
10. The Special District RevenueOfficer/ Competent Authority for Land Acquisition (National Highways 45 E and 220) Collectorate Buildings, Theni.
Respondent(s) For Petitioner(s): Mr.Su,Srinivasan For Respondent(s): M/s. R.Govindaraj Prayer:To Condone the delay of 187 days in filing the CMA SR No.2096 of 2023.
ORDER
(Order of the Court was made by P.Velmurugan J.) Though the petitioner filed the application to condone the delay of 187 days in filing the appeal, in the affidavit filed in support of the petition, the petitioner has stated in Paragraph No.17 that due to administrative reasons in bifurcation of the sections and also the change of officers, the delay has occurred.
2. The learned counsel would submit that in similar matters, Coordinate Bench of this Court had condoned the delay and therefore, prays for allowing the application.
3. The learned counsel for the respondents, on the other hand, would submit that the reasons assigned by the petitioner are not valid reasons to condone the inordinate delay
and a Coordinate Bench of this Court in similar matters dismissed the applications for condonation of delay and hence, prays for dismissal.
4. We have heard the learned counsel on either side and perused the materials available on record.
5. The petitioner has filed the application to condone the delay of 187 days in preferring the appeal. Similar petitions filed for condoning the delay were allowed by Coordinate Bench of this Court and hence, being satisfied with the reasons stated in the accompanying affidavit filed in support of the petition, the petition is allowed and the delay is condoned. The Registry is directed to take the appeal on file, if it is otherwise in order.
(P.VELMURUGAN J.) (L.VICTORIA GOWRI J.) 23-10-2025 RR