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2024 Supreme(Online)(Mad) 52310

IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE P.D.AUDIKESAVALU
Anusuya – Appellant
Versus
Karthikeyan – Respondent



BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2025 CORAM:

THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MRS JUSTICE S.SRIMATHY C.M.P.(MD)Nos.3791 to 3793 of 2025 and W.A.(MD)Nos.SR 17217 to 17219 of 2025

1.The State of Tamil Nadu, Rep.by its Secretary to Government, Co-operation Food and Consumer Protection Department, Secretariat, Chennai-9.

2.The Registrar of Cooperative Societies, 170, Periyar E.V.R.High Road, Kilpauk, Chennai-10.

3.The Deputy Registrar of Cooperative Society (Housing), Tirunelveli Region, Vannarapettai, Tiruenelveli. ...Petitioners in C.M.P.(MD)

No.3791 of 2025

1.The State of Tamil Nadu, Rep.by its Secretary to Government, Co-operation Food and Consumer Protection Department, Secretariat, Chennai-9.

2.The Registrar of Cooperative Societies, 170, Periyar E.V.R.High Road, Kilpauk, Chennai-10.

3.The Deputy Registrar Co-operative Society, Cheranmahadevi, Tirunelveli. ...Petitioners in C.M.P.(MD)

No.3791 & 3792 of 2025 Vs K.Somasundaram ...Respondent in C.M.P.(MD)

No.3791 of 2025 S.V.Krishnakumari ...Respondent in C.M.P.(MD)

No.3792 of 2025 D.Suresh ...Respondent in C.M.P.(MD)

No.3793 of 2025 COMMON PRAYER in C.M.P.(MD)Nos.3791 to 3793 of 2024: Petitions-filed Under Clause 5 of the Limitation Act, to condone the delay of 790 days, each in filing the writ appeals as against order dated 29.11.2022 in W.P.(MD)No.7124, 7125 and 7126 of 2017.

COMMON PRAYER in W.A.(MD)Nos.SR 17217 to 17219 of 2025:Writ Appeals- filed under Clause 15 of the Letters Patent Act, to set aside the order dated 29.11.2022 in W.P.(MD)No.7124, 7125 and 7126 of 2017.

In all petitions:

For Petitioners : Mr.M.Sarangan Additional Government Pleader For Respondent : Mr.H.Arumugam

COMMON ORDER

(Order of the Court was made by J.NISHA BANU, J.)

These petitions are filed to condone the delay of 790 days, each in filing the above writ appeals against the order of this Court dated 29.11.2022 in W.P.(MD)No.7124, 7125 and 7126 of 2017.

2.The reason given by the petitioners for such huge delay is due to some administrative reasons, the petitioners were not able to file the appeals in time. Except this, no other sufficient reason was given by the petitioners.

3.Though the 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 1027 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 seek indulgence of this Court.

4.Thus, we are not inclined to condone the delay. Accordingly, these petitions are dismissed. No costs. Consequently, connected Writ Appeals are rejected at SR stage itself.

(J.N.B.,J.) (S.S.Y.,J.)

11.03.2025 Index : Yes/No Internet : Yes/No ta J. NISHA BANU,J.

and S.SRIMATHY.J ta C.M.P.(MD)Nos.3791 to 3793 of 2024 and W.A.(MD)Nos.SR 17217 to 17219 of 2025

11.03.2025

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