BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.01.2026 CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN C.M.P.(MD) No.16983 of 2025 in W.A.(MD) SR No.85307 of 2025 and W.A.(MD) SR No.85307 of 2025

1.The State of Tamil Nadu rep.by its Principal Secretary to the Government /

Additional Chief Secretary Department of Milk Productions and Dairy Development and Fisheries Department Secretariat, Chennai-9

2.The Director Department of Milk Production and Dairy Development Madhavaram Chennai-51 ... Petitioners -vs-

A.Senthil Velkumar ... Respondent PRAYER (in C.M.P.(MD) No.16983 of 2025): Petition filed under Section 5 of the Limitation Act to condone the delay of 813 days in filing the above writ appeal as against the order passed by this Court, dated 16.06.2023 in W.P.

(MD) No.17516 of 2019.

PRAYER (in W.A.(MD) SR No.85307 of 2025): Writ Appeal filed under Clause 15 of Letters Patent to set aside the order passed by this Court, 16.06.2023 in W.P.(MD) No.17516 of 2019.

For Petitioners : Mr.D.Sasi Kumar Additional Government Pleader For Respondent : Mr.G.Karthik for M/s.Lajapathi Roy and Associates

O R D E R

[Order of the Court was made by DR.G.JAYACHANDRAN, J.]

The State has preferred the present writ appeal challenging the order dated 16.06.2023, passed by the learned Single Judge in W.P.(MD) No. 17516 of 2019, on the ground that the Head of the Department has wrongly prepared the promotion list of eligible candidates for promotion to the post of Junior Assistant by considering the date of preparation of the promotion list as the cut off date for completion of seven years instead of the date of arriving estimate of vacancy for the year 2007-2008. The learned Single Judge has not taken note of this fact and passed the impugned order.

2. For filing a writ appeal on the above said ground, the Government has taken more than 900 days, thereby there is a delay of 813 days in preferring the appeal. The affidavit filed in support of the condone delay petition seeking to condone the said delay is sworn by Dr.A.Annadurai, I.A.S., Commissioner for Milk Production and Dairy Development Department. In the said affidavit, no reason has been stated for the delay, except a four line paragraph, which shows that the order in the writ petition was passed on 16.06.2023 and the order copy was received by his office on 10.08.2023. Due to administrative reasons and major shuffling and shifting process, there is a delay on their part in taking prompt action on time. The camouflage manner in which the affidavit was filed to explain the enormous delay of 813 days clearly reflects the efficiency of the administration in the State. An IAS officer has sworn the affidavit in this fashion to explain the delay. Since the delay of 813 days in filing the above appeal has not been properly explained, we are not inclined to condone the said delay.

3. Accordingly, this civil miscellaneous petition seeking to condone the delay of 813 days in filing the above writ appeal stands dismissed. Consequently, W.A.(MD) SR No.85307 of 2025 stands rejected.

[G.J., J.] [K.K.R.K., J.]

19.01.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No krk To:

1.The Principal Secretary to the Government /

Additional Chief Secretary, Department of Milk Productions and Dairy Development and Fisheries Department, State of Tamil Nadu, Secretariat, Chennai-9.

2.The Director, Department of Milk Production and Dairy Development, Madhavaram, Chennai-51.

DR.G.JAYACHANDRAN, J.

AND K.K.RAMAKRISHNAN, J.

krk in W.A.(MD) SR No.85307 of 2025 and W.A.(MD) SR No.85307 of 2025

19.01.2026