A delay in filing an appeal must be justified with adequate evidence, mere assertions are insufficient to condone significant delays.

PRAYER in W.A(MD)SR.No.14475 of 2024 :- Writ Appeal filed under Clause 15 of Letters Patent, to call for the records relating to the order passed by this Court in WP(MD)No.4138 of 2023 dated 09.03.2023 and set aside the same and consequently allow this writ appeal.

For Petitioner : Mr.V.Rajiv Rufus For Respondents : Mr.S.P.Maharajan (R1 to R4)

Special Government Pleader Mr.Arun Jeyathram (R5)

for Mr.H.Velavadhas

ORDER

(Order of the Court was made by DR.ANITA SUMANTH, J.) This is a petition seeking condonation of delay of 321 days in filing the writ appeal.

2. The petition for condonation of delay is absolutely bereft of any justification. In the affidavit, the petitioner states that the order was passed on 09.03.2023, as against which, writ appeal was sought to be filed and certified copy was applied in time. Thereafter, he states, in vague and general terms that he had been suffering from medical ailments and financial crisis and hence, was unable to contact the counsel immediately.

3. We are not persuaded to condone the significant delay of

321 days on the mere ipse dixit of the petitioner, unsupported by any records whatsoever.

4. A detailed counter has also been filed objecting to the delay on the ground that no justification has been set out for the same, with which position we concur. Hence, this civil miscellaneous petition is dismissed in limine. Connected writ appeal is dismissed even at SR stage. No costs.

[A.S.M.J.,] & [C.K.J.,]

11.11.2025 NCC :Yes/No Index :Yes/No Internet :Yes sm DR.ANITA SUMANTH, J.

AND C.KUMARAPPAN,J.

sm To

1. The District Collector, O/o. Collectorate, Kanyakumari District.

2. The Superintendent of Police, O/o.The Superintendent of Police, Nagercoil,Kanyakumari District.

3. The Deputy Superintendent of Police, Colachel Sub Division, Kanyakumari District.

4. The Inspector of Police, Karungal Police Station, Kanyakumari District.

C.M.P(MD)No.3784 of 2024 in W.A(MD)SR.No.14475 of 2024