THE SECRETARY TO GOVERNMENT MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT GOVERNMENT OF TAMIL NADU Vs. R. VELAYUTHAM RESPONDENT

JUDGEMENT

(1.) THIS is a petition filed under Section 5 of the Limitation Act to condone the delay of 3,189 days in filing the writ appeal against the order dated 21.03.2006 passed by the Writ Court in W.P. No.14444 of 2005.

(2.) INDISPUTABLY , the period specified for preferring the intra court appeal against the order passed by the Writ Court is 30 days. The reason assigned by the petitioners in the affidavit is that a copy of the order passed by the Writ Court was received on 20.04.2006, without specifying as to when the application was made for the supply of the certified copy of the order dated 21.03.2006. Thereafter, the officers who were holding office prior to the third petitioner/third appellant, had addressed letters to the second petitioner/second appellant about the case. Aftermath the judgment dated 29.11.2013 rendered by the Full Bench of this Court in S. Dhanasekaran and 24 others vs. Government of Tamil Nadu, represented by its Secretary, Department of Municipal Administration and Water Supply, Fort St. George, Chennai -2 and 2 others, [ : 2013 (6) CTC 593] on the same subject, the same was communicated by the learned Special Government Pleader to the second petitioner/second appellant on 11.12.2013, who, in turn, took some time and issued a Circular to all the Municipalities on 20.03.2014 and directed the third petitioner/third appellant to prefer an appeal challenging the order passed by the Writ Court and nearly 8 months thereafter, the instant appeal with the application for condonation of delay was presented on 27.11.2014.

(3.) THUS , it could be seen that one of the main reasons assigned by the petitioners for the delay in preferring the appeal is the rendering of the Full Bench judgment on 29.11.2013. This reason, assigned by the petitioners, has to be brushed aside at the threshold for the simple reason that though the copy of the order passed by the Writ Court was received by them as early as on 20.04.2006, there is no whisper in the affidavit as to what steps were taken by them from the date of receipt of the order copy, i.e. 20.04.2006, till the judgment of the Full Bench was rendered on 29.11.2013, that is to say, for over a period of seven long years.