Madras High Court

WA.SR/146903/2019 of D.SETHURAMANCHANDRAN Vs SECRETARY TO GOVT on 2 November 2026

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C.M.P.No.29478 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-11-2026

CORAM

THE HONOURABLE DR JUSTICE G. JAYACHANDRAN

AND

THE HONOURABLE MR.JUSTICE E.MANOHARAN

C.M.P.No.29478 of 2026

in

W.A.SR.No.146903 of 2019

D. Sethuramachandran,

Office Superintendent (Under Suspension), No.12, Municipal Road, Madurai- 625 009. ... Appellant

Vs.

1. The Secretary to Government,

Health and Family Welfare Department,

Secretariat, Chennai- 600009.

2.The Director of Medical Education,

Chennai- 600 010.

… Respondents

For Appellant:

No appearance

For Respondents:

Mr.K.Sathish, AGP

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O R D E R

(Order of the Court was made by G.Jayachandran J.) No representation for the petitioner.

2. The Learned Special Government Pleader appearing for the 1st respondent submits that the reasons stated for condoning the delay per se deserve to be rejected. Page Nos.1/6

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C.M.P.No.29478 of 2026

3. Challenging the dismissal order passed by the Learned Single Judge on 06.03.2019 is sought to be reopened after lapse of seven years.

4. This petition is filed to condone the delay of 857 days in payment of deficit Court fees in the Intra-Court Appeal, challenging the dismissal order passed by the Learned Single Judge on 06.03.2019. The reason stated in the affidavit to condone the delay is as below:- “3. I submit that order copy was applied on the same day 06.03.2019 and was made ready on 23.05.2019 during summer vacation and received on 03.06.2019 (reopening day after summer vacation). The appeal ought to have been filed on or before 02.07.2019. However the same is filed only on 22.11.2019 with a delay of 153 days. I submit that the same was returned on 27.11.2019 for certain defects. I submit that before the same could be rectified the Covid - 19 pandemic has started and due to the same the returned papers were not able to be represented in time.

4. However in the meantime the Court fee for writ appeal was enhanced from Rs.1000/- to Rs.2000/- and the entire filing system was changed from Green Legal size paper to White A4 size papers. I submit that the papers were represented only on 28.03.2022 with a delay of 842 Page Nos.2/6

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C.M.P.No.29478 of 2026 days. I have also paid the additional court fee. I submit that again the papers were returned by the Registry on 12.04.2022 directing the appellant to file a proper petition for condonation in filing of deficit court fee.

5. I submit that in the meantime my original senior counsel on record Mr.Nandakumar expired on 29.07.2021 and the case was handled by his Junior Counsel N.Krishnakumar. However I was residing in Madurai and not able to come to Chennai in view of my old age and medical condition.

6. I submit that in the meantime due to reconstruction of the office my counsel from 2022 to 2025 and due to shifting of residence and office of my counsel the returned appeal papers were misplaced with some other old bundles and could not be traced. I submit that after tireless search the papers were traced only recently and therefore these petitions are filed to condone the delay in representation and condone the delay in payment of deficit court fee.

7. I submit that the delay in payment of deceit court fee is neither willful nor wanton but only because of the above changed circumstances which were not known to the appellant. I submit that no prejudice will cause to the respondent if the delay in payment of deficit court fee is condoned and writ appeal heard on merits. I submit that I am having a fair chance of success in the Writ Appeal. Therefore it is prayed that Hon’ble Court may be pleased Page Nos.3/6

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C.M.P.No.29478 of 2026 to condone the delay of 857 days in payment of deficit Court fee of Rs.1000/- in W.A.S.R.No.146903 of 2019 against Judgment dated 06.03.2019 in W.P.No.12349 of 2009 and render justice.”

5. Reading of the affidavit clearly shows that the appellant has no real interest in pursuing the appeal and the laches has not been properly explained. Hence, the delay in paying the court fee not been satisfactorily explained. We dismiss the application and consequently the Writ Appeal stands rejected at SR stage itself. (Dr. G.JAYACHANDRAN, J.) & (E.MANOHARAN, J.) 02-11-2026 Index :Yes/No. Neutral Citation :Yes/No. Page Nos.4/6

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C.M.P.No.29478 of 2026 To

1. The Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai- 600009.

2. The Director of Medical Education, Chennai- 600 010. Page Nos.5/6

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C.M.P.No.29478 of 2026 Dr. G.JAYACHANDRAN, J. AND E.MANOHARAN, J. bsm C.M.P.No.29478 of 2026 in W.A.SR.No.146903 of 2019 02-11-2026 Page Nos.6/6

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