Madras High Court
The Chief Engineer vs P. Moorthy on 13 August, 2015
Author: Satish K. Agnihotri
Bench: Satish K. Agnihotri
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13.08.2015 CORAM: THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR. JUSTICE K.K. SASIDHARAN M.P. No.1 of 2015 in W.A. SR. No.43773 of 2015 1 The Chief Engineer Chennai Region Water Resources Organisation Public Works Department Chennai 600 005 2 The Executive Engineer Quality Control Division Water Resources Organisation Public Works Department Chennai 600 005 3 The Executive Engineer-cum- General Superintendent Public Works Workshop and Stores Chennai 600 005 Petitioners vs. P. Moorthy Respondent Miscellaneous Petition filed under Section 5 of the Limitation Act, seeking to condone the delay of 543 days in filing the writ appeal. For petitioners Mrs. A. Srijayanthi Special Government Pleader - - - - - ORDER
(Order of the Court was made by SATISH K. AGNIHOTRI, J.) This Miscellaneous Petition is filed to condone the delay of 543 days in preferring the intra-Court appeal.
2 The reasons assigned by the petitioners for condonation of delay are as under:
6. It is submitted that order was passed in the above Writ Petition on 12.11.2013. A copy of the said order was received on 31.12.2013 by the 2nd petitioner/appellant herein. On receipt of the same, a letter was addressed to the 1st petitioner/appellant during January 2014 seeking instructions as to the further course of action to be taken. The 1st petitioner/appellant directed the 2nd petitioner/appellant to seek the opinion of the Government Pleader, High Court, Madras as to the feasibility of filing Writ Appeal against the order dated 12.11.2013 made in W.P. No.22055 of 2010. Accordingly, a letter was addressed to the Government Pleader, High Court, Madras on 12.02.2015 seeking his opinion as to the feasibility of filing Writ Appeal. On receipt of the opinion of the Government Pleader, High Court, Madras, the present Writ Appeal is filed. In the meantime, there is a delay of 543 days in filing the present Writ Appeal. The said delay is neither wilful nor wanton but due to the said administrative reasons. Unless the said delay is condoned, the petitioners/appellants would be put to much hardship whereas no hardship would be caused to the respondent. Hence, it is just and necessary to condone the delay of 543 days in filing this Writ Appeal against the order dated 12.11.2013 made in W.P. No.22055 of 2010 in the interest of justice.
3 The petitioners have failed to establish that they were diligent in taking necessary steps before filing the instant appeal. In such view of the matter, we do not find any reason to condone the delay of 543 days in preferring the intra-Court appeal.
4 In the result, this Miscellaneous Petition is dismissed. Consequently, W.A.SR.No.43773 of 2015 is rejected.
(S.K.A.J.) (K.K.S.J.) 13.08.2015 cad SATISH K. AGNIHOTRI, J. and K.K. SASIDHARAN, J. cad To 1 The Chief Engineer Chennai Region Water Resources Organisation Public Works Department Chennai 600 005 2 The Executive Engineer Quality Control Division Water Resources Organisation Public Works Department Chennai 600 005 3 The Executive Engineer-cum- General Superintendent Public Works Workshop and Stores Chennai 600 005 M.P. No.1 of 2015 in W.A. SR. No.43773 of 2015 13.08.2015