The court held that delay in filing a writ appeal must be adequately explained, and matters concerning land re-transfer should be settled in civil court.

(Judgment of the Court was delivered by Dr.G.JAYACHANDRAN, J.)

To condone the delay of 197 days in preferring the writ appeal against the order passed by the learned Single Judge in WP(MD) No.

5662 of 2020 dated 30.04.2024 is taken up for consideration.

2. The learned counsel for the petitioner/appellant states that the order by the writ Court was on the last working day, prior to the summer vacation and therefore, copy application was filed belatedly after the reopening of the Court. Owing to communication gap in the counsel's office, there was a delay in preferring the appeal.

3. The learned counsel submits that the impugned order dated

21.03.2017 by the Special Officer/District Revenue Officer, was passed behind the back of the petitioner/appellant without due notice and therefore, the same ought to have been interfered with by the writ Court. However, the writ Court has relegated the parties to work out their remedy in the civil Court. Hence, the writ appeal has been filed.

4. This Court, apart from not being satisfied in explaining the delay in preferring the appeal, even on merits, finds that that the re-transfer of patta sought by the appellant herein has to be decided by the competent civil Court and writ Court cannot summarily decide the merits of the case. Hence, the learned Single Judge has rightly dismissed the writ petition giving liberty to the petitioner/appellant to approach the civil Court. We are of the view that entertaining the condone delay application will only delay the remedy for the petitioner/appellant. Hence, the application for condoning the delay stands dismissed. Accordingly, the writ appeal stands rejected at the SR stage itself. No costs.