The Director Of Handloom And Textiles v. V Visweswaran
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2025
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MS JUSTICE R.POORNIMA C.M.P(MD)No.6267 of 2025 in REV.APPL(MD)SR.No.30138 of 2025 and REV.APPPL(MD)SR.No.30138 of 2025 1.The Director of Handloom and Textiles, Kuralagam, Second Floor, Chennai - 600 108.
2.The Assistant Director of Handloom and Textiles, Collectorate Complex, Virudhunagar - 626 002.
... Petitioner/Review Applicant in C.M.P(MD)No.6267 of 2025 .Vs.
V.Visweswaran ... Respondent/Respondent C.M.P(MD)No.62677 of 2025 1/5
PRAYER in C.M.P(MD)No.6267 of 2025: Civil Miscellaneous Petition filed Section 5 of the Limitation Act praying this Court to condone the delay of 1351 days in filing the Review Application against the order made by this Court in W.A(MD)No.846 of 2019, dated 22.6.2021.
PRAYER IN REV.APPL(MD)SR.No.30318 of 2025: Review Application filed under Order 47 Rule 1 and 2 r/w Section 114 of Civil Procedure Code praying this Court to review the order made by this Court in W.A(MD)No.846 of 2019, dated 22.6.2021.
For Petitioner/ : Mr.D.Gandhiraj Review Applicant Special Govt.Pleader COMMON ORDER DR.G.JAYACHANDRAN,J.
AND R.POORNIMA,J.
The Civil Miscelaneous Application is filed to condone the delay of 1351 days in filing the Review Application.
2.Heard the learned special Government Pleader appearing for the Petitioner/reiview applicant and perused the materials placed before this Court. 2/5
3.A perusal of the records would reveal that W.P(MD)No.9002 of 2015 is filed by the respondent seeking issuance of a Writ of Certiorarified Mandamus in respect of including his name in the promotion list.The said Writ Petition was dismissed by the learned Single Judge vide order, dated 20.6.2019.Being aggrieved, the Writ Petitioner has preferred a Writ Appeal in W.A(MD)No.846 of 2019.The Division Bench of this Court found that there is a patent error in the order of the learned Single Judge fixing the crucial date for preparing the promotional list. No enquiry proceedings was pending on the crucial date ie., 1.3.2014. Hence the Division Bench has allowed the Writ Appeal. Aggrieved by the said order, dated 22.6.2021, the present Review Petition is filed with an enormous delay of 1351 days without assigning any satisfactory reasons.
The affidavit filed along with the Petition to condone ther delay only substantially canvas the merit of the case, except stating that the intervening COVID lock down prevented the review applicants from filing the review application in time. This Court finds that the moratorium due to COVID -19 came to an end in March 2022, whereas, the Review Petition is filed only on 3.4.2025, after three years of shifting the moratorium.Therefore, the Petition to condone the delay is liable to be dismissed and accordingly, the same stands dismissed.
Review application stands dismissed at SR stage itself. No costs. [G.J.,J.] [R.P.,J.] 25.04.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn 4/5
DR.G.JAYACHANDRAN, J.
and R.POORNIMA ,J.
vsn COMMON ORDER MADE IN C.M.P(MD)No.6267 of 2025 in REV.APPL(MD)SR.No.30138 of 2025 and REV.APPPL(MD)SR.No.30138 of 2025 25.04.2025 5/5