An inordinate delay in filing an appeal cannot be condoned as a matter of right without providing sufficient and satisfactory justification or cause for the delay.

PRAYER in C.M.P.(MD)No.6103 of 2026:- Miscellaneous Petition – filed under Section 5 of the Limitation Act, to condone the delay of 867 days in filing the above writ appeal.

PRAYER in W.A.(MD)No.SR 36730 of 2026:- Writ Appeal – filed under Clause 15 of the Letters Patent, to set aside the order dated 06.11.2023 passed in W.P.(MD)No.19330 of 2023 and allow the writ petition.

For Appellants : Mr.S.Venkatesh Counsel for the State

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.)

This petition is filed seeking to condone the delay of 867 days in filing the writ appeal.

2.Heard the learned counsel appearing on either side and perused the materials available on record.

3.The reason assigned for the delay is that the paper got mixed up with other bundles and got misplaced. Except the above, no other reasons have been assigned.

4.Ordinarily, the Court adopts a liberal approach while considering petitions for condonation of delay. At the same time, for extending such a liberal approach, there must be justifiable reasons. In the present case, the affidavit filed in support of the petition seeking condonation of such a huge delay is bereft of sufficient and satisfactory particulars explaining the inordinate delay. In the absence of any acceptable explanation, condonation of such delay cannot be sought as a matter of right.

5.When the law mandates that a particular activity shall be performed within a stipulated time, the same cannot be diluted. When there is no sufficient cause for condoning the delay, the said delay cannot be condoned as a matter of right.

6.We are not satisfied with the reasons for condoning the delay. Further, the Writ Appeal is filed challenging the common order passed by the learned Single Judge in W.P.(MD) No.19330 of 2023 etc., batch, dated 06.11.2023 and a batch of writ appeal filed as against the very same order, has been dismissed confirming the order of the learned Single Judge.

7.Accordingly, this Civil Miscellaneous Petition is dismissed. Consequently, the connected W.A.(MD) SR No.36730 of 2026 is rejected at the SR stage itself. No costs.