IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.01.2026 CORAM THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN C.M.P.No.23000 of 2025 and W.A.SR No.150663 of 2025

1.The Executive Engineer, JJ Nagar Division, Tamil Nadu Housing Board, Thirumangalam, Chennai-101.

2.The Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai-600 035.

3.The Chairman, Tamil Nadu Housing Board, Nandanam, Chennai-35.

Appellants Vs P.O.Abraham, S/o.Late P.Oonnurni, Indian Christian, Thenguvilai House, Myladumparam, Ponthaplavu PO Pattazy, Kollam, Kerala.

Respondent PRAYER in C.M.P.No.23000 of 2025 : Petition filed under Section 5 of the Limitation Act to condone the delay of 301 days in filing the appeal.

PRAYER in WA SR No.150663 of 2025 : Appeal filed under Clause 15 of Letters Patent to set aside the order dated 28.03.2024 passed by the learned Single Judge in W.P.No.16914 of 2020.

For Petitioners/ Mr.P.Kumaresan Appellants: Addl. Advocate General assisted by Mr.D.Veerasekaran For Respondent/ Mr.D.Ashok Kumar Respondent:

JUDGMENT (Made by the Hon'ble Chief Justice)

In support of the prayer seeking condonation of delay of 301 days, all that has been stated in the affidavit is as below:

“15. I respectfully submit that the W.P.No.16914 of 2020 was disposed on 28.03.2024. Subsequently, the copy application was made in Sr.No.28654 on 28.03.2024, the said order was made ready on 19.10.2024, delivered on 24.10.2024 and the same was communicated to the appellants. However, the 2^nd Appellant circulated the said order to various department and finally passed order generated online vide Board’s proceedings dated 02.09.2024 and rejected the writ petitioner’s request on the ground that no relevant documents was furnished. But the respondent/writ petitioner instead of challenging the above Board’s proceedings of rejection dated 02.09.2024 has filed the contempt petition No.827 of 2025 against the W.P.No.16914 of 2020 dated 28.03.2024 and the same is not maintainable. But the writ petitioner has wantonly filed the Cont.P.No.827 of 2025 and the learned Judge had to issued statutory notice on 09.09.2025.

Hence, the Appellant-Board had no other option but only to file Writ Appeal against the order dated 28.03.2024 passed by the Hon’ble High Court in W.P.No.16914 of 2020. Thus the present Writ Appeal is filed after a delay of 301 days. The delay in filing this Writ Appeal is due to the above said reason and no prejudice will be caused to the Respondent if the delay is condoned. The delay is neither wilful nor deliberate but due to administrative exigencies. No prejudice will be caused to the Respondent if the delay is condoned, whereas the Appellant will suffer irreparable loss if the appeal is not entertained. In the interest of justice, the Hon’ble Court may be pleased to condone the delay for the reason as stated above. If the delay is not condoned the Appellant/Board would be put to irreparable loss and the same may not be compensated.”

2. 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.

3. 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, 1(2020) 10 SCC 654, it was found that the appeal filed by the State was with delay of 663 days. The cause shown for inordinate delay in that case was due to unavailability of documents and the process of arranging documents and also a reference to bureaucratic process works. In the aforesaid factual context, Their Lordships of the Supreme Court, observed as below:

"3. No doubt, some leeway is given for the Government inefficiencies but the sad part is that the authorities keep on relying on judicial pronouncements for a period