IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Manoharan – Appellant
Versus
Tamilarasi – Respondent
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2026 CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR C.M.P.(MD) No.422 of 2026 in W.A.(MD) SR No.75297 of 2025 and W.A.(MD) SR No.75297 of 2025
1.Manoharan
2.Chidambaram Gursamy (Late) Rathinam (Late)
3.Mahalingam
4.Ashok ... Petitioners -vs-
A.Ragunathan (Died)
1.Tamilarasi 2.R.Karthick
3.The District Revenue Officer and Additional Judicial Magistrate Ramanathapuram
4.The Revenue Divisional Officer Ramanathapuram
5.The Tasildar Paramakkudi Ramanathapuram District ... Respondents PRAYER (in C.M.P.(MD) No.422 of 2026): Petition filed under Section 5 of Limitation Act to condone the delay of 1185 days in filing the above writ appeal as against the order dated 16.06.2022, passed in W.P.(MD) No.1430 of
2012, on the file of this Court.
PRAYER (in W.A.(MD) SR No.75297 of 2025): Writ Appeal filed under Clause 15 of Letters Patent to set aside the order passed by this Court, dated
16.06.2022 in W.P.(MD) No.1430 of 2012. For Petitioner : Mr.S.Ravichandran For Respondents : Mr.D.Sasi Kumar Additional Government Pleader for R3 to R5
O R D E R
[Order of the Court was made by DR.G.JAYACHANDRAN, J.]
This civil miscellaneous petition has been filed seeking to condone the delay of 1185 days in filing the above writ appeal.
2. According to the petitioners, who are respondents 4 to 9 in the writ petition, no notice was served on them, but, the order in the writ petition has been passed behind their back and on coming to know about the order passed in the writ petition, they have filed the present writ appeal with a delay of 1185 days.
3. In order to verify the above contention of the petitioners, this Court, by an order dated 21.01.2026, directed the Registry to put up the back papers / back bundle along with this civil miscellaneous petition and post the matter today. Accordingly, this civil miscellaneous petition has been listed today by putting up the back papers / back bundle along with this civil miscellaneous petition. On verification of the cause list, this Court finds that on 16.06.2022, when the writ petition was listed before the learned Single Judge for hearing, for the respondents 1 to 3, the Government Pleader has entered appearance and for the respondents 4 to 8, one Mr.K.Renganathan, learned counsel, has entered appearance and insofar as the ninth respondent is concerned, Tapal was returned with an endorsement “Left India”. A further examination of the records reveals that one Mr.K.Renganathan, Advocate, having Office at 11-B, Anna Bus Stand Western Side, Madurai-20, Mobile No. 9486659553, has filed vakalat for the respondents 4 to 8. The order copy reveals that on the date of hearing, the said counsel had not appeared before the Court and therefore, it has been mentioned in the impugned order as “No Appearance” for the respondents 4 to 9.
4. Taking advantage of the above said fact, suppressing the fact of engaging a counsel and filing vakalat, the petitioners have filed the present civil miscellaneous petition seeking to condone the delay on the ground that no notice was served on them in the writ petition. Suppression of fact to mislead the Court is tantamount to abuse of process of law and also a contempt on the face of the records. However, considering the other aspects, this Court is not inclined to proceed against the petitioners herein for willfully filing a false affidavit, but inclined to dismiss this civil miscellaneous petition with costs.
5. Accordingly, this civil miscellaneous petition is dismissed with costs of Rs.500/- (Rupees five hundred only) payable by the petitioners to the Tamil Nadu State Legal Services Authority, within a period of two weeks from the date of receipt of a copy of this order. Consequently, W.A.(MD) SR No.
75297 of 2025 stands rejected.
[G.J., J.] [N.S., J.]
23.01.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No Note to Office:
Mark a copy of this Order to the Officer In-charge, Tamil Nadu State Legal S
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