SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Mad) 30606

IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J
A.Jayalakshmi – Appellant
Versus
The District Revenue Officer, District Collector’s Office Complex, Tiruppur District. – Respondent
Writ Petition



Advocates:
For the Appellants/Petitioners: Mr.P.Ganesan
For the Respondents:Mr.C.Jayaprakash Government Advocate [R1 & R2]

Sufficient cause for delay by senior citizen justifies condonation of limitation and remand for merits.

Headnote:The petitioner challenged an order rejecting a revision petition solely on grounds of delay under Article 226 of the Constitution of India. Essential facts include the petitioner's status as a senior citizen aged 75 years, who provided reasons for the late filing of the appeal dated 08.10.2025. The court found sufficient cause shown for the delay and determined that the rejection without considering merits was improper. The primary issue was whether the delay in filing the appeal warranted dismissal without hearing on merits. The court's reasoning emphasized that adequate explanation for delay by a senior citizen justified condonation, requiring remand for substantive consideration after notice to parties. The impugned order dated 23.01.2026 was quashed, and the matter remanded to the first respondent for fresh disposal on merits within 12 weeks.

Table of Content
1. challenge to order rejecting delayed appeal. (Para 1 , 2)
2. senior citizen's delay condoned due to sufficient cause. (Para 3)
3. quash order and remand for merits hearing. (Para 4 , 5)

ORDER

This Writ Petition has been filed challenging the impugned order, dated 23.01.2026 passed by the 1st respondent, rejecting the petitioner’s appeal, dated 08.10.2025 on the ground that the appeal was filed belatedly beyond the prescribed time limit and no sufficient cause was shown by the petitioner for the said delay.

2. Mr.C.Jayaprakash, learned Government Advocate, accepts notice on behalf of the respondents 1 and 2. Since no adverse order is passed against the 3rd respondent in this writ petition, notice to the 3rd respondent is dispensed with by this Court.

3. Admittedly, the appeal was disposed of at the threshold itself without issuing notice to the 3rd respondent on the ground of limitation. The petitioner is a senior citizen and aged about 75 years. The petitioner has given reasons in the grounds of appeal for filing the appeal belatedly.

This Court is satisfied with the same as sufficient cause has been shown by the petitioner for the delay in filing the appeal. Despite the same, the 1st respondent has rejected the petitioner’s appeal through the impugned order, dated 23.01.2026 only on the ground of limitation. Since sufficient cause has been shown by the petitioner for filing the appeal, this Court is of the considered view that the impugned order has to be quashed and the matter has to be remanded back to the 1st respondent for fresh consideration on merits and in accordance with law, within a time frame to be fixed by this Court.

4. This Court is not expressing any opinion on the merits of the petitioner’s appeal.

5. For the foregoing reasons, this Writ Petition is disposed of by quashing the impugned order, dated 23.01.2026 passed by the 1st respondent and by remanding the matter back to the 1st respondent for fresh consideration on merits and in accordance with law. The 1st respondent shall pass final orders on merits and in accordance with law, on the petitioner’s appeal, dated 08.10.2025, after hearing the objections of all the necessary parties, which includes the 3rd respondent and after giving due consideration to the supporting documents produced by them and by adhering to the principles of natural justice, within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top