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2026 Supreme(Mad) 24

IN THE HIGH COURT OF JUDICATURE AT MADRAS
MANINDRA MOHAN SHRIVASTAVA, C.J., G.ARUL MURUGAN
Assistant Director Handlooms and Textiles – Appellant
Versus
S.Hemachandran, S/o. S.Sundaramoorthy – Respondent


Advocates Appeared:
For the Appellant : Mr. B.Ajith Kumar

JUDGMENT :

Manindra Mohan Shrivastava, C.J.

Heard on condonation of delay of 260 days in filing the appeal.

2. The reasons stated for the delay, as stated in paragraph 12, reads as under:

“12. I submit that there is a delay in filing this writ appeal. The reason for the delay is, the second Appellant is serving as administrator for 4 more societies in full additional charge. Moreover I submit that the second Appellant was appointed as nodal officer for carrying out Arani silk park DTCP approval works. Because of the administrative reasons, the appeal could not be filed in time. Therefore, the delay in filing the writ appeal is neither willful nor wanton.”

3. To say the least, no cause, much less sufficient cause, has been shown. It appears that the officials concerned dealing with the files were completely indolent and sat over the matter without doing anything.

4. The Hon’ble Supreme Court, in umpteen number of judgments, held that the period of limitation is required to be explained by the State and it does not stand on any exalted position.

(i) In the case of State of Madhya Pradesh & Ors. V. Bherulal, (2020) 10 SCC 654 it was found that the appeal filed by the State was with delay of

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