The Manager Vs N.Chithrakala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1648431
CourtChennai Orders High Court
Decided OnFeb-02-2026
Case NumberCMP(MD)/11272/2025
JudgeHonourable Dr Justice G. Jayachandran,Honourable Mr Justice K.K. Ramakrishnan
AppellantThe Manager
RespondentN.Chithrakala
Excerpt:
before the madurai bench of madras high court dated : 02.02.2026coram:the honourable dr.justice g.jayachandran and the honourable mr.justice k.k.ramakrishnan in 1.the manager tamilnadu housing board cmda complex e&c market road koyambedu, chennai 2.the executive engineer and administrative officer thiruchirappalli housing unit kajamalai road thiruchirappalli ... petitioners -vs- n.chithrakala ... respondent prayer: petition filed under section 5 of limitation act to condone the delay of 40 days in filing the above writ appeal as against the order dated 05.02.2025, passed in w.p.(md) no.4071 of 2022. for petitioners : mr.a.kannan for respondent : ms.sheena palaniveluorder[order of the court was made by dr.g.jayachandran, j.] this civil miscellaneous petition has been filed seeking to condone the delay of 40 days in the filing the above writ appeal.2. learned counsel appearing for the respondent / writ petitioneropposes the condonation of delay stating that the order of the learned single judge has already been complied with by the petitioners herein pursuant to the contempt petition filed by the writ petitioner and therefore, nothing survives for consideration in this writ appeal.3. however, learned counsel appearing for the petitioners wouldsubmit that due to the intervening summer vacation, there was a delay in filing the above writ appeal and the learned single judge had not taken into consideration the grounds raised by the petitioners herein in their counter affidavit filed in the writ petition. hence, the order of the learned single judge is to be revisited.4. this court is satisfied with the reasons stated in the accompanying affidavit. hence, this civil miscellaneous petition is allowed and the delay of 40 days in filing the above writ appeal is condoned.5. registry is directed to number the writ appeal, if the papers are otherwise in order, and post the same for admission in the usual course. [g.j., j.] [k.k.r.k., j.] ncc : yes / no index : yes / no internet : yes / no krkdr.g.jayachandran, j.andk.k.ramakrishnan, j.krk in
Judgment:

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2026

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN in 1.The Manager Tamilnadu Housing Board CMDA Complex E&C Market Road Koyambedu, Chennai 2.The Executive Engineer and Administrative Officer Thiruchirappalli Housing Unit Kajamalai Road Thiruchirappalli ... Petitioners -vs- N.Chithrakala ... Respondent PRAYER: Petition filed under Section 5 of Limitation Act to condone the delay of 40 days in filing the above writ appeal as against the order dated 05.02.2025, passed in W.P.(MD) No.4071 of 2022. For Petitioners : Mr.A.Kannan For Respondent : Ms.Sheena Palanivelu

ORDER

[Order of the Court was made by DR.G.JAYACHANDRAN, J.] This civil miscellaneous petition has been filed seeking to condone the delay of 40 days in the filing the above writ appeal.

2. Learned counsel appearing for the respondent / writ petitioner

opposes the condonation of delay stating that the order of the learned Single Judge has already been complied with by the petitioners herein pursuant to the contempt petition filed by the writ petitioner and therefore, nothing survives for consideration in this writ appeal.

3. However, learned counsel appearing for the petitioners would

submit that due to the intervening summer vacation, there was a delay in filing the above writ appeal and the learned Single Judge had not taken into consideration the grounds raised by the petitioners herein in their counter affidavit filed in the writ petition. Hence, the order of the learned Single Judge is to be revisited.

4. This Court is satisfied with the reasons stated in the accompanying affidavit. Hence, this civil miscellaneous petition is allowed and the delay of 40 days in filing the above writ appeal is condoned.

5. Registry is directed to number the writ appeal, if the papers are otherwise in order, and post the same for admission in the usual course. [G.J., J.] [K.K.R.K., J.] NCC : Yes / No Index : Yes / No Internet : Yes / No krk

DR.G.JAYACHANDRAN, J.

AND

K.K.RAMAKRISHNAN, J.

krk in