The State Of Tamilnadu v. C.Kathirvel

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 10.02.2025 Coram THE HONOURABLE MRS.JUSTICE J. NISHA BANU and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI in W.A(MD)SR.No.77824 of 2024 and W.A(MD)SR.No.77824 of 2024 1.The State of Tamil Nadu, Represented by its Secretary, Revenue Department, St. George Fort, Chennai - 600 009.

2.The District Collector, Madurai District, Madurai.

3.The Tahsildar, Madurai North Taluk, North Taluk Office, Madurai District.

... Petitioners Vs.

C.Kathirvel ... Respondent Prayer in C.M.P(MD)No.15425 of 2024:- Petition is filed under Section 5 of the Limitation Act to condone the delay of 2010 days in filing W.A(MD)SR.No.77824 of Prayer in W.A(MD)SR.No.77824 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.15269 of 2017 dated 20.03.2019.

For Petitioners : M/s.D.Farzana Ghoushia Special Government Pleader For Respondent : Mr.S.Srikanth 1/4

ORDER

C.M.P(MD)No.15425 of 2024 has been filed to condone the delay of 2010 days in filing the Writ Appeal, against the order passed by the learned Single Judge in W.P(MD)No.15269 of 2017 dated 20.03.2019. 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 2010 days in filing the Writ Appeal, which would clearly exhibits lethargic attitude on the part of the petitioners, as such the petitioners are not entitled to indulgence of this Court.

4.Thus, we are not inclined to condone the delay. This petition is devoid of merits and the same is accordingly dismissed. No costs. Consequently, connected W.A(MD)SR.No.77824 of 2024 is rejected, at the S.R stage itself. [J.N.B.,J.] & [L.V.G.,J.] 10.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 2/4

To 1.The Secretary, Represented by the State of Tamil Nadu, Revenue Department, St. George Fort, Chennai - 600 009.

2.The District Collector, Madurai District, Madurai.

3.The Tahsildar, Madurai North Taluk, North Taluk Office, Madurai District.

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J.NISHA BANU , J.

and L.VICTORIA GOWRI, J.

ps in W.A(MD)SR.No.77824 of 2024 and W.A(MD)SR.No.77824 of 2024 10.02.2025 4/4