Madras High Court
Administrative and Public LawCivil Procedure and Evidence

Genuine ill-health may justify condoning delay in revision, subject to payment of rent arrears.

KUMARESAN vs The Deputy Commissioner, (legal cell)

Madras High CourtJUDGMENT: September 22, 20261 MIN READSOURCE JUDGMENT
Genuine ill-health may justify condoning delay in revision, subject to payment of rent arrears.. KUMARESAN vs The Deputy Commissioner, (legal cell). Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner challenged an eviction notice dated 5 May 2025 issued by the second respondent.

Source reference: no citation

He filed a revision before the first respondent on 8 July 2026, claiming that ill-health had prevented him from filing within time; the revision was rejected on 13 July 2026 as delayed by 337 days.

Source reference: p. 3–4

The respondents stated that the petitioner owed Rs. 35,95,284 in rent.

Source reference: p. 3

The petitioner sought, among other reliefs, condonation of delay and a decision on the rent dispute.

Source reference: p. 2
02

Issues

Whether the petitioner’s 337-day delay in filing the revision against the eviction notice should be condoned on the ground of ill-health.

Source reference: p. 3–4

Whether the petitioner’s possession should be protected pending the first respondent’s decision on the revision.

Source reference: p. 4
03

Law Applied

The Court exercised its jurisdiction under Article 226 of the Constitution of India.

Source reference: p. 2

The order reflects the Court’s assessment that the petitioner’s explanation for delay was genuine and its decision to make condonation conditional on payment towards rent.

Source reference: p. 4
04

Reasoning

The Court accepted the petitioner’s ill-health as a genuine explanation for the delay and therefore set aside the rejection of the revision on limitation grounds.

Source reference: p. 4

Given the respondents’ assertion of substantial rent arrears, it conditioned condonation on payment of Rs. 10,00,000 to the Temple. It also considered interim protection appropriate while the revision remained pending.

Source reference: p. 4
05

Holding

The Court allowed the writ petition in part by setting aside the order dated 13 July 2026 and condoning the 337-day delay, subject to payment of Rs. 10,00,000 towards rent within four weeks of receipt of the order.

On proof of payment, the first respondent must take the revision on record and decide it on merits, in accordance with law and after giving the petitioner an opportunity to be heard, within four months.

Source reference: p. 4

The respondents must not interfere with the petitioner’s possession until the revision is disposed of.

Source reference: p. 5

No costs were ordered.

Source reference: p. 5
Madras High Court

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KUMARESANvsThe Deputy Commissioner, (legal cell)

Madras High Court · September 22, 2026

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