GOVERNMENT OF TAMILNADU Vs. THIRU KAILASAM

JUDGEMENT

(1.) THIS is a petition to condone the delay of 469 days in filing the writ appeal against the order of the learned single Judge dated 04. 11. 2004 made in Writ Petition No. 8017 of 2004.

(2.) THOUGH the affidavit filed in support of the above petition runs into several pages, in so far as the delay, paragraph 13 alone is relevant, wherein it is stated that copy of the order of the learned single Judge was received by the Office of District Educational Officer, Cheranmadevi on 22. 11. 2004. Thereafter, the District Educational Officer, Cheranmadevi has sent a communication dated 30. 11. 2004 to the Chief Educational Officer, Tirunelveli, seeking instruction from him as to the further course of action to be adopted. According to the deponent of the affidavit, since there has been various correspondence with higher officials as to clarification regarding filing of the above writ appeal, delay of 469 days has occurred.

(3.) IT is clear that though the concerned officer, viz. , District Educational Officer, Cheranmahadevi sent a communication to the Chief Educational Officer, Tirunelveli as early as on 30. 11. 2004, the fact remains, the appeal was filed on 20. 06. 2006. Except stating that due to various correspondence with the higher officials as to clarification regarding filing of the appeal and no other tangible information has been furnished for condoning the delay of 469 days in filing the above appeal; hence, we are not satisfied with the reasons stated therein.