The District Collector v. C. Shanmuga Sundaram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI in W.A.(MD)SR.No.51280 of 2024 1.The District Collector, Trichy District, Trichy.

2.The District Revenue Officer (Regular), Tiruchirappalli.

3.The Special Tahsildar (Land Acquisition), Villupuram to Dindigul Double Track, Collectorate, Tiruchirappalli.

... Petitioners / Appellants -vs1.C.Shanmuga Sundaram 2.The Divisional Manager, Southern Railways, Madurai.

... Respondents / Respondents PRAYER in C.M.P.(MD)No.10466 of 2024: Petition filed under Under Section 5 of Limitation Act, 1963, to condone the delay of 88 days in filing the Writ Appeal against the order in W.P.(MD)No.19772 of 2021, dated 07.12.2023.

PRAYER in W.A.(MD)No.SR51280 of 2024 : Writ Appeal filed under Clause 15 of Letters Patent Act, against the order made in W.P.(MD)No. 19772 of 2021 dated 07.12.2023.

For Petitioners :

Mr.P.T.Thiraviyam, Government Advocate For 1st Respondent :

Mr.J.Anand Kumar

JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.] Though the delay is only 88 days, the reasons assigned for the delay is far from convincing. Para no.7, which assigns reasons for the delay reads as follows:- "I submit that, the impugned order copy was received on 22.03.2024 however, due to unforeseen administrative reasons, including delays in obtaining the necessary documentation and procedural hurdles, the Petitioners encountered significant challenges in preparing and filing the appeal petition before this Hon'ble Court. These administrative delays were beyond the control of the Petitioners. I humbly submit that the delay of 88 days in filling the appeal petition was not a result of negligence or indifference on their part, but rather a consequence of circumstances beyond their control. Throughout the period of delay, the Petitioners diligently pursued the necessary steps to initiate the appeal process and getting opinion from the law officers in filing the writ appeal."

2.We find it absolutely insufficient for condonation of delay. Hence, the Condone Delay Petition is dismissed. The Writ Appeal in W.A. (MD)No.SR51280 of 2024 stands rejected in the SR stage itself. No Costs. [R.S.M., J.] [L.V.G., J.] 18.09.2024 NCC :Yes/No Index :Yes/No Internet : Yes Mrn To The Divisional Manager, Southern Railways, Madurai.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

Mrn in W.A.(MD)SR.No.51280 of 2024 18.09.2024