The Chief Educational Officer v. S Arockia Samy

O R D E R [Order of the Court was made by DR.G.JAYACHANDRAN, J.] This civil miscellaneous petition has been filed seeking to condone the delay of 584 days in the filing the above writ appeal.

¶2It is represented by the learned Additional Government Pleader appearing for the petitioners that in some cases arising out of of the same common order, appeals preferred and the same were dismissed and in some cases, appeals are pending and interim stay has been granted.

¶3A perusal of the affidavit, more particularly, Paragraph No.14 of the affidavit, shows that the case records got mixed up with the other case records and therefore, case records of the case on hand could not be traced out and therefore, the appeal could not be preferred within the time limit. This Court is inclined to condone the delay, however upon certain terms, for the recklessness of the officials concerned.

¶4Accordingly, this civil miscellaneous petition is allowed and the delay of 584 days in filing the above writ appeal is condoned subject to payment of cost of Rs.10,000/- (Rupees ten thousand only) payable by the petitioners to the High Court Legal Services Committee, attached to the Madurai Bench of Madras High Court, Madurai, within a period of fifteen days from the date of receipt of a copy of this order. Failing which, this civil miscellaneous petition will stand dismissed automatically without further reference to this Court.

¶5Registry is directed to number the writ appeal, if the cost is paid within the time limit as prescribed above and if papers are otherwise in order, and post the same for admission in the usual course.

[G.J., J.] [K.K.R.K., J.]

09.02.2026 NCC : Index : Internet : Note to Office: Mark a copy of this order to the Officer In-charge, High Court Legal Services Committee, Madurai Bench of Madras High Court, Madurai.

krk To:

1.The Chief Educational Officer, Tirunelveli, Tirunelveli District.

2.The Director Educational Officer, (Secondary), Tirunelveli District. DR.G.JAYACHANDRAN,-J. AND K.K.RAMAKRISHNAN,-J. krk C.M.P.(MD)-No.11250-of-2025 in W.A.(MD)-SR-No.57020-of-2025

09.02.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.02.2026 CORAM: THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN in W.A.(MD) SR No.57020 of 2025 1.The Chief Educational Officer Tirunelveli, Tirunelveli District 2.The Director Educational Officer (Secondary) Tirunelveli District ... Petitioners -vs- 1.S.Arockia Samy 2.The Correspondent St.Xavier's Higher Secondary School Palayamkottai-627 002 Tirunelveli District ... Respondents PRAYER: Petition filed under Section 5 of Limitation Act to condone the delay of 584 days in filing the above writ appeal as against the order dated 03.11.2023, passed in W.P.(MD) No.16724 of 2023. For Petitioners : Mr.J.Ashok Additional Government Pleader For Respondents : Ms.A.Amala for R1 No appearance for R2