V.R.PETTHAL Vs. CHIEF EDUCATIONAL OFFICER,

JUDGEMENT

(1.) WA SR.No.96485 of 2015, is filed against the order made in WP No.45162 of 2016 (OA No.1186 of 2000) dated 29.07.2010, by which the writ Court declined to interfere with an order of recovery dated 12.04.1997, passed by Chief Educational Officer, Sivagangai District, with a delay of 1830 days in representing. Reasons assigned for the delay are as follows:

(2.) Perusal of the affidavit shows that the Writ Appeal has been filed on 01.11.2010 and returned for want of certain particulars by the Registry on 19.11.2010. Though, appellant was given 10 days time for representation, the same has been done after 1830 days.

(3.) While setting out the principles of law to be followed, in the matter of considering the applications filed for condonation, in H.Dohil Constructions Company Private Limited V. Nahar Exports Limited and Another, reported in 2015 (1) Supreme Court Cases 680, the Hon'ble Supreme Court, after considering the Hon'ble Division Bench judgment of this Court in Tamilnadu Mercantile Bank Ltd., Vs. Appellate Authority, reported in (1990) 1 LLN 457 and decision of the Hon'ble Supreme Court in Esha Bhattacharjee v. Raghunathpur Nafar Academy, reported in (2013) 12 SCC 649, at paragraph Nos.23 and 24, held as follows: