Facts
The Appellant, Tamil Nadu State Transport Corporation (Salem) Ltd., preferred a Writ Appeal against the order passed in W.P. No. 8664 of 2014 dated 19.09.2023
Source reference: p. 1However, the appeal was filed with a delay of 810 days
Source reference: p. 1The Appellant filed a Civil Miscellaneous Petition (CMP) seeking to condone this delay, attributing the lapse to "administrative reasons" without providing specific substantiation for the same
Source reference: para. 2Issues
1. Whether an enormous delay in filing an appeal can be condoned under the limitation law based on unsubstantiated administrative reasons
Source reference: para. 1, 22. Whether the Court can direct departmental action against officials responsible for causing unexplainable delays in litigation involving public interest
Source reference: para. 3Law Applied
The Court applied the principles of the Law of Limitation, establishing that appeals must be filed within the prescribed statutory period
Source reference: para. 1The court articulated the doctrine that while "reasonable or meagre delay" may be viewed leniently, "enormous delay" requires "candid or convincing" reasons to be condoned, as "uncondonable delay cannot be condoned by the Courts in routine manner"
Source reference: para. 1Reasoning
The Court examined the Appellant’s justification for the 810-day delay and found it insufficient. The Court noted that the "administrative reasons" cited by the counsel were not substantiated by facts or evidence
Source reference: para. 2The Court further reasoned that if such delays result from the dereliction of duty or collusion by officials, they act against public interest, necessitating internal accountability and disciplinary proceedings even if the legal remedy is barred by time
Source reference: para. 3Holding
The Court dismissed CMP No. 10093 of 2026, refusing to condone the 810-day delay, and subsequently rejected the Writ Appeal (WA SR No. 46578 of 2026) at the SR stage
The Court granted the Appellant liberty to conduct a departmental enquiry to identify officials responsible for the lapse and directed that suitable disciplinary action be initiated against any officer found to have committed dereliction of duty or acts against public interest
Source reference: para. 3Original Court PDF
The Managing Director Salem LtdvsA Periyasamy
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