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Madras High CourtCMP(MD)/14097/2024dismissed

Gopi v. The Chairman

2025-02-18Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 18.02.2025 Coram THE HONOURABLE MRS.JUSTICE J. NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY in W.A(MD)SR.No.67963 of 2024 and W.A(MD)SR.No.67963 of 2024 Gopi ... Petitioner Vs.

1.The Chairman, Tamil Nadu Uniform Service Recruitment Board, Old Commissioner of Police Campus, Pantheon Road, Egmore, Chennai - 600 002.

2.The Superintendent of Police, Tirunelveli, Tenkasi District.

... Respondents Prayer in C.M.P(MD)No.14097 of 2024:- Petition is filed under Section 5 of the Limitation Act to condone the delay of 639 days in filing W.A(MD)SR.No.67963 of 2024.

Prayer in W.A(MD)SR.No.67963 of 2024:- Writ Appeal is filed under Clause 15 of the Letters Patent against the order passed by this Court in W.P(MD)No.21290 of 2022 dated 11.11.2022.

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For Petitioner : Mr.S.Kasirajan For Respondents : M/s.D.Farzana Ghoushia Special Government Pleader

ORDER

(Order of the Court was made by J. NISHA BANU, J.) C.M.P(MD)No.14097 of 2024 has been filed to condone the delay of 639 days in filing the Writ Appeal, against the order passed by the learned Single Judge in W.P(MD)No.21290 of 2022 dated 11.11.2022.

2.Heard the learned counsel appearing on either side 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 639 days in filing the Writ Appeal, which would clearly exhibits lethargic attitude on 2/4

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)SR.No.67963 of 2024 is rejected, at the S.R stage itself.

[J.N.B.,J.] & [S.S.Y.,J.] 18.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps To 1.The Chairman, Tamil Nadu Uniform Service Recruitment Board, Old Commissioner of Police Campus, Pantheon Road, Egmore, Chennai - 600 002.

2.The Superintendent of Police, Tirunelveli, Tenkasi District.

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J.NISHA BANU , J.

and S.SRIMATHY, J.

ps in W.A(MD)SR.No.67963 of 2024 and W.A(MD)SR.No.67963 of 2024 18.02.2025 4/4