R.Shanthi v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY in W.A.(MD)Nos.SR.24098 & 24099 of 2025 R.Shanthi ... Petitioner in CMP.(MD)No.5521 / 2025 A.Selvaraj ... Petitioner in CMP.(MD)No.5523 / 2025 -Vs1.The State of Tamil Nadu, Rep. by its Secretary, Education Department, Secretariat, Chennai-600 009.
2.The Director of School Education, College Road, Chennai-600 006.
3.The Chief Educational Officer, Sivagangai District, Sivagangai-630 560.
4.The District Educational Officer, Devakottai, Sivagangai District.
5.The Secretary, Ramanathan Chettiyar Higher Secondary School, Puduvayal-630 108, Karaikudi Taluk, Sivagangai District.
... Respondents in both CMPs.
PRAYER in C.M.P.(MD)Nos.5521 & 5523 of 2025: Petitions-filed Under Clause 5 of the Limitation Act, to condone the delay of 800 days in preferring the writ appeals against the order passed in W.P.(MD)Nos.2569 and 2567 of 2020, dated 08.12.2022.
Prayer in W.A.(MD)Nos.SR.24098 & 24099 of 2025:Writ Appeals - filed under Clause 15 of the Letters Patent, to set aside the order in W.P.(MD)Nos.2569 and 2567 of 2020, dated 08.12.2022.
For Petitioners : Mr.S.Xavier Rajini For R1 to R4 : Mr.M.Sarangan, Additional Government Pleader COMMON ORDER [Order of the Court was made by J.NISHA BANU, J.] These Civil Miscellaneous Petitions have been filed to condone the delay of 800 days in filing the Writ Appeals against the order passed by the learned Single Judge in W.P(MD)Nos.2569 and 2567 of 2020, dated 08.12.2022. 2.Heard the learned counsel appearing for the petitioners, the learned Additional Government Pleader appearing for the respondents 1 to 4 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 affidavits are bereft of sufficient cause for condoning the inordinate delay of 800 days in filing the Writ Appeals, 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, these petitions are dismissed. No costs. Consequently, connected W.A.(MD)Nos.SR. 24098 & 24099 of 2025 are rejected at SR stage itself. [J.N.B., J.] & [S.S.Y., J.] 01.04.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The Secretary, State of Tamil Nadu,
Education Department, Secretariat, Chennai-600 009.
2.The Director of School Education, College Road, Chennai-600 006.
3.The Chief Educational Officer, Sivagangai District, Sivagangai-630 560.
4.The District Educational Officer, Devakottai, Sivagangai District.
J.NISHA BANU, J.
AND S.SRIMATHY , J.
Yuva in W.A.(MD)Nos.SR.24098 & 24099 of 2025 01.04.2025