D.Durai Lakshmana Raj, v. Deputy Inspector General Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Eighth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice T.RAJA and The Hon`ble Mr.Justice KRISHNAN RAMASAMY CMP(MD) Nos.9219 and 9220 of 2018 IN WA(MD) Nos.SR36516 and 36512 of 2018 D.DURAI LAKSHMANA RAJ ... PETITIONER IN CMP(MD)NO.9219 AND WA(MD)NO.SR36516 OF 2018 M.SATHIYA RAJ ...PETITIONER IN CMP(MD)NO.9220 AND WA(MD)NO.SR36512 OF 2018 Vs DEPUTY INSPECTOR GENERAL OF POLICE, TIRUNELVELI RANGE, TIRUNELVELI. ... RESPONDENT IN BOTH PETITIONS Prayer in CMP(MD)NO.9219 of 2018 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 200 days in preferring the Writ Appeal before this Honourable Court as against the order passed in W.P.(MD) No.8288 of 2010 by this Honourable Court and thus render justice. Prayer in CMP(MD). 9220/ 2018 :
Pleased to condone the delay of 200 days in preferring the writ appeal before this Honourable Court as against the order passed in W.P.(MD) No.8370 of 2010 by this Honourable Court and thus render justice.
Prayer in WA(MD)NO.SR36516 OF 2018 to call for the entire records pertaining to the order passed by this Hon'ble Court in W.P.(MD)NO.8288 of 2018 vide order dated 11.01.2018 and set aside the same and consequently defer the departmental proceedings initiated vide charge memo issued by the Respondent through his proceedings in P.R.No.118/2009 dated 01.06.2009 Prayer in WA(MD)NO.SR36512 OF 2018 to call for the entire records pertaining to the order passed by this Hon'ble Court in W.P(MD)NO.8370 of 2018 vide order dated 11.0.2018 and set aside the same and consequently defer the
departmental proceedings initiated avide charge memo issued by the Respondent through his proceedings in P.R.NO.41 /2009 dated 12.03.2009 Prayer in WP(MD). 8288/ 2018 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondent to grant permission and protection for cultural event namely Adalpadal scheduled to be held on 20.04.2018 at night 09.00 to 01.00 hours in connection with the Chithirai Festival in Arulmigu Sri Venkatachalapathy Perumal Kovil at Vembankudi West, Keeramangalam Village, Alangudi Taluk, Pudukkottai District by considering the petitioner s representation dated 02.04.2018 Prayer in WP(MD). 8370/ 2018 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus thereby directing the 2nd respondent to consider the petitioner representation dated 14.04.2018 to grant permission to conduct the Kovil Thiruvizha as well as other programmes and also to conduct the Aadal Padal on 18.04.2018 at about 06.00 p.m. to 11.00 p.m. in temple namely Shree Mahamariamman Kovil at Edakudi Puthu Therum, Thiruvaikavoor Post, Papanasam Taluk, Thanjavur District. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.R.ANAND, Advocate for the petitioner, the court made the following order:- (Order of the Court was made by T.RAJA, J.) These petitions have been filed seeking condonation of delay of 200 days in preferring the writ appeals. However, it has not mentioned any reason, leave alone the sufficient cause to condone the delay.
2. Learned counsel for the petitioners would submit that after the impugned order passed in W.P.(MD) Nos.8288 and 8370 of 2010, on 11.01.2018 before the learned Judge, to file an appeal, steps were taken. But the reasons best known to the earlier counsel, the delay has occurred. Subsequently, finding that no improvement has taken place, the appellants have entrusted all the papers relating to the writ appeals to the new counsel and on receipt of the same, the present writ appeals have been filed with delay applications. As there has been a delay of 200 days in preferring the writ appeals before this Court, which is neither wilful nor deliberate, the same can be condoned, it is pleaded.
3. When there is no sufficient cause or reasons cited in the applications seeking condonation of delay of 200 days, we are unable to entertain the delay applications. Hence, the delay applications
fail and the same are dismissed.
sd/- 28/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO DEPUTY INSPECTOR GENERAL OF POLICE, TIRUNELVELI RANGE, TIRUNELVELI.
+1. C.C. to M/S.R.ANAND Advocate SR.No.87712 PS/RR/SAR-1:09/10/2018:3P/3C
ORDER
IN CMP(MD) Nos.9219 and 9220 of 2018 IN WA(MD)Nos.SR36516 and SR36512 of 2018 Date :28/09/2018