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Madras High CourtCMP(MD)/9737/2025ordered

The State Of Tamil Nadu v. M.G.Rajan

2025-09-17Honourable Dr Justice Anita Sumanth,Honourable Mr. Justice C.Kumarappan3 pages

CMP(MD)No.9737 of 2025 in WA(MD) SR.No.50652 of 2025 Dr.ANITA SUMANTH,J.

and C.KUMARAPPAN,J.

(Order of the Court was made by Dr.ANITA SUMANTH.,J.) This petition is filed seeking condonation of delay of 184 days in filing the writ appeal.

2. Sole respondent is served and description is printed in the cause list.

3. Since we were dissatisfied with the reasons set out in the accompanying affidavit, we have called for better affidavit and an affidavit has been filed, which is dated 15.09.2025.

4. The reasons now set out are as follows:- "5. It is submitted that the writ petition W.P(MD)No. 2008/2024 was allowed on 18.11.2024 and the Writ Petitioner had made a representation dated 17.12.2024 seeking employment in light of the judgment of this Hon'ble court in W.P(MD)No. 2008/2024 along with the web order copy and the same was received by the 4th Appellant office on 19.12.2024. On 27.12.2024, The 4th Appellant has forwarded the representation of the writ Petitioner to the 3rd Appellant and sought for further response. On 28.01.2025, the Commissioner of Social Welfare has directed the 3rd Appellant to seek legal opinion regarding feasibility of filing Writ Appeal against the order in W.P(MD)No.2008/2024 from the Additional Advocate General. On 14.02.2025, the 3rd Appellant has sought legal Opinion from the Additional Advocate General-II, State of Tamil Nadu, meanwhile on 28.02.2025 the 3rd Appellant was transferred as Principal of Regional Institute of Rural development, Pattukottai.

6. It is humbly submitted that on 04.03.2025, the then 3rd Appellant had received the legal opinion from the office of Additional Advocate General-II. Further it is pertinent to inform that from 01.03.2025 to 23.04.2025 one Tmt. Visalakshi was discharged her duty as In-charge Personal Assistant (Noon- Meal), from 24.04.2025, one Thiru. Prince had discharged his duty as Personal Assistant (Noon- Meal), later he was suspended on 29.04.2025. From 30.04.2025-11.05.2025, again Tmt. Visalakshi discharged her duty as In-charge Personal Assistant (Noon- Meal). Subsequently, from 12.05.2025, Thiru.S.Ramesh Kumar has been appointed as one regular Personal Assistant (Noon-Meal). Due to the above administrative reasons, the main writ appeal has been

filed only on 20.06.2025. The delay in filing the present Writ Appeal, which is neither willful nor wanton. Unless the delay in filing the present writ appeal is condoned the appellants herein would be put to irreparable loss and hardship."

5. Satisfied with the reasons, the delay of 184 days in filing the Writ Appeal is condoned and this Miscellaneous Petition is ordered.

6. Registry is directed to number the Writ Appeal, if it is otherwise in order and list the same for admission.

[A.S.M.,J] [C.K.,J] sm 17.09.2025

Dr.ANITA SUMANTH,J.

and C.KUMARAPPAN,J.

sm CMP(MD)No.9737 of 2025 in WA(MD) SR.No.50652 of 2025 17.09.2025