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2026 Supreme(Online)(Mad) 25553

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. SUBRAMANIAM, K. SURENDER, JJ
The Assistant Provident Fund Commissioner Sub-Regional Office Employees Provident Fund Organization – Appellant
Versus
M/s.Mahatma Gandhi Matriculation School – Respondent
W.A.No.765 of 2026 | C.M.P.No.7881 of 2026



Advocates:
For the Appellant: Ms.R.Meenakshi

A writ petition filed after an excessive delay of 9 years without sufficient justification is subject to dismissal, emphasizing the importance of timely legal action.

Headnote:(A) Constitution of India - Article 227 - Delay and laches - Writ petition filed after 9 years against an order by the Appellate Authority dated 16.10.2014 - Writ court dismissed petition due to uncondonable delay. (Paras 2 and 3)

(B) The principle of timely action is critical in judicial review, as delays can compromise the interests of other parties. (Para 3)

Facts of the case:
The appellant filed a writ petition 9 years after the passing of an order by the Appellate Authority, citing lack of notice as the reason for the delay.

Findings of Court:
The court found that there was no acceptable reason for the lengthy delay and that such delays should not be condoned to secure fairness in judicial processes.

Issues: Whether the delay of 9 years in filing the writ petition is justifiable.

Ratio Decidendi: The court held that an uncondonable delay of 9 years without sufficient justification warrants the dismissal of the petition, affirming the principle that courts must balance the right to seek remedies with the interests of justice.

Result: Writ appeal dismissed.

Table of Content
1. challenge to writ order dated 19.08.2025 (Para 1)
2. writ petition rejected due to delay (Para 2)
3. uncondonable delay leads to dismissal (Para 3)

[Judgment of the Court was made by S. M. SUBRAMANIAM, J.,]

The writ order dated 19.08.2025 passed in W.P.No.17888 of 2023 is under challenge in the present intra-Court appeal.

2. The writ Court rejected the writ petition mainly on the ground of delay and latches. The findings of writ Court would show that the Appellate Authority has passed an order on 16.10.2014 and the writ petition came to be filed by the appellant on 07.06.2023. Except for the reason that the learned counsel for the appellant has not sent a copy of the order to the appellant, there is no other acceptable reason stated even in the writ affidavit filed by the appellant. Taking note of the said fact, the writ Court rejected the writ petition on the ground of delay and laches.

3. The delay of 9 years on the part of the Department is uncondonable. Such an uncondonable delay cannot be condoned by the Courts in a routine manner, though there is no time limit prescribed to entertain a writ petition under Article 227 of the Constitution of India. In the event of entertaining such writ petitions beyond a reasonable period, it would undoubtedly, cause prejudice to the interest of other parties, since the order became final long back and the writ Court also rejected the petition on the ground of delay of 9 years. Thus, this Court is not inclined to entertain the writ appeal and consequently, the same stands dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

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