A.Justin Felix v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY in W.A.(MD)No.SR.64802 of 2024 A.Justin Felix ... Petitioner -Vs1.The Chairman, Tamil Nadu Electricity Board, 800, Anna Salai, Chennai-600 002.

2.The Chief Engineer (Personnel), TANGEDCO, 8th Floor, Eastern Wing, NPKRR Maaligai, 144 Anna Salai, Chennai-600 002.

3.The Superintending Engineer, TANGEDCO, Distribution Division, Trichy Corporation, Trichy.

... Respondents PRAYER in C.M.P.(MD)No.12367 of 2024: Petition-filed Under Clause 5 of the Limitation Act, to condone the delay of 873 days in preferring the writ appeal against the order passed in W.P.(MD)No.12842 of 2020, dated 23.02.2022.

Prayer in W.A.(MD)No.SR.64802 of 2024:Writ Appeal- filed under Clause 15 of the Letters Patent, to set aside the order in W.P.(MD)No.12842 of 2020, dated 23.02.2022.

For Petitioner : Mr.S.Sarvagan Prabhu For Respondents : Mr.B.Ramanathan

ORDER

[Order of the Court was made by J.NISHA BANU, J.] This Civil Miscellaneous Petition has been filed to condone the delay of 873 days in filing the Writ Appeal against the order passed by the learned Single Judge in W.P(MD)No.12842 of 2020, dated 23.02.2022. 2.Heard the learned counsel appearing for the petitioner, the learned counsel appearing for the respondents 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 affidavit are bereft of sufficient cause for condoning the inordinate delay of 873 days in filing the Writ Appeal, which would clearly exhibits lethargic attitude on the part of the petitioner, as such the petitioner is not entitled to indulgence of this Court. 4.Thus, we are not inclined to condone the delay. Accordingly, this petition is dismissed. No costs. Consequently, connected W.A.(MD)No.SR.64802 of 2024 is rejected at SR stage itself.

[J.N.B., J.] & [S.S.Y., J.] 13.03.2025 NCC : Yes / No Index : Yes / No Yuva

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva in W.A.(MD)No.SR.64802 of 2024 13.03.2025