IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10.02.2026 CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR.JUSTICE SHAMIM AHMED CMP.No.24295 of 2025 and WA.SR.No.60832 of 2023 M.Sonai Muthu, S/o.V.Muthukrishnan Formerly Grade II, Police Constable TN Special Police VII Battalion, Pochampalli Petitioner-CMP/

Appellant-WA.SR Vs

1. The Secretary to Government, Home Police (II) Department Fort St.George, Chennai 600009

2. The Director General of Police, Mylapore Chennai 600004

3. The Deputy Inspector General of Police, Armed Police, Chennai 600010

4. The Commandant, TN Special Police XI Battalion Pochampalli Respondents-CMP/

Respondents-WA.SR Prayer:- This CMP.No.24295 of 2025 is filed, under Order IV Rule 9(4) of the Rules of the High Court, Madras, Appellate Side, 1965, to condone the delay of 842 days in representing the WA.SR.No.60832 of 2023.

Prayer:- This WA.SR.No.60832 of 2023 is filed, under Clause 15 of the Letters Patent, 1862, against the order of the Writ Court, dated 30.08.2022, passed in WP.No.9421 of 2015 For Petitioner(s) : Mr.T.Dharani For Respondent(s) : Mr.E.Vedabagath Singh , SGP ORDER (Order of the Court was made by Shamim Ahmed, J.)

1. This CMP.No.24295 of 2025 is filed, under Order IV Rule 9(4) of the Rules of the High Court, Madras, Appellate Side, 1965, to condone the delay of 842 days in representing the WA.SR.No.60832 of 2023.

2. This WA.SR.No.60832 of 2023 is filed, under Clause 15 of the Letters Patent, 1862, against the order of the Writ Court, dated 30.08.2022, passed in WP.No.9421 of 2015

3. The facts of the case, in a nutshell, necessary for disposal of the same, are as follows:-

(a)The Petitioner herein was appointed as a Grade II Police Constable on 28.02.2009. For his unauthorised absence from duty, disciplinary proceedings were initiated. An order of removal from service dated 14.09.2010 was issued and the same was confirmed by the Appellate Authority on 23.06.2014 and the mercy petition filed by him was also rejected by the proceedings dated 24.08.2014. Hence, the Petitioner had filed WP.No.9421 of 2015, which was dismissed by the order of the Writ Court, dated 30.08.2022. As against the said order, dated 30.08.2022, the Petitioner had preferred a Writ Appeal in WA.SR.No.60832 of 2023, on 27.04.2023, which was returned on 02.05.2023, granting 10 days time for certain compliance. Thereafter, the present Civil Miscellaneous Petition has been filed to condone the delay of 842 days, in representing the above WA.SR.No.60832 of 2023.

4. This Court heard Mr.T.Dharani, the learned counsel for the Petitioner and Mr.E.Vedabagath Singh, the learned Special Government Pleader for the Respondents.

5. The learned counsel for the Petitioner submits that the delay of 842 days in representing the above Writ Appeal had occurred due to misplace of documents and tracing out the same and also due to preparation of translated copies of certain documents and that the said delay is neither deliberate nor willful, but due to unforeseen circumstances and hence, the learned Counsel prays this Court to allow this Petition, by condoning the delay in representing the Writ Appeal, in the interest of justice.

6. On the other hand, the learned Special Government Pleader for the Respondents submits that this Civil Miscellaneous Petition filed under Order IV Rule 9(4) of the Rules of the High Court, Madras, Appellate Side, 1965, is, prima facie, not legally maintainable and that the reasons assigned by the Petitioner for condoning such an inordinate delay are vague and not valid reasons and hence, this Civil Miscellaneous Petition is liable to be dismissed.

7. This Court has given its careful and anxious consideration to the contentions put forward by the learned counsel on either side and also perused the entire materials available on record.

8. The present Civil Miscellaneous Petition is one filed under Order IV Rule 9(4) of the Rules of the High Court, Madras, Appellate Side, 1965, with a prayer for condoning the del