V. Suryan’s Temple Vibhuthi Honour Stands As Madras HC Declines 10-Year-Late Challenge, Citing Non-Condonable HR&CE Appeal Delay

P. Veluthevar and four others initiated O.A. No. 2 of 2007 before the Joint Commissioner, HR&CE Department.

By order dated 27 October 2016, the Joint Commissioner directed that the Vibhuthi honour be given to V. Suryan.

An appeal by Poosari Sokkan and Periyasamy was rejected on 24 December 2019 as time-barred, on the ground that Section 5 of the Limitation Act did not apply and the Commissioner lacked power to condone the delay.

The petitioner approached the High Court seeking, in effect, consideration of a representation to receive the appeal.

He did so approximately ten years after the original order and seven years after the appellate order.

He also contended that the appellate order had been made without notice to the parties.

The appellate authority proceeded on the basis that Section 5 of the Limitation Act does not apply to proceedings under the Tamil Nadu Hindu Religious and Charitable Endowments Act and that the Commissioner has no power to condone delay in filing an appeal.

The High Court held that this conclusion was consistent with Supreme Court judgments.

The Court found no infirmity in the appellate authority’s conclusion that it could not condone the delay, noting that the conclusion accorded with Supreme Court judgments.

It also relied on the petitioner’s delay in seeking judicial intervention—seven years after the appellate order and ten years after the original order—to decline both interference and a direction to consider the representation.

Although the petitioner alleged that the appellate order was made without notice, the Court did not separately determine that contention.

There was no order as to costs, and the connected miscellaneous petition was closed.