IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 2-4-2008 CORAM THE HONOURBLE MR.JUSTICE P.K.MISRA AND THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.No.8074 of 2008 1.The Secretary to Government Home (Pol.II) Department Fort St. George Chennai 9. 2.The Director General of Police Mylapore, Chennai 4. .. Petitioners vs 1.S.Palaniappan 2.The Registrar Tamil Nadu Administrative Tribunal Chennai 104. .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of certiorari to call for the records pursuant to the order date3d 29.1.2003 in O.A.No.360 of 2003 on the file of the Registrar, Tamil Nadu Administrative Tribunal, Chennai, and quash the same. For Petitioners : Mr.M.Dhandapani Special Government Pleader (W) ORDER
(Order of the Court was made by P.K.MISRA, J.)
Heard the learned Special Government Pleader appearing for the petitioners.
2.The present writ petition has been filed by the State Government and the Director General of Police against the order passed by the Tribunal dated 29.1.2003 (that is the correct date), in O.A.No.360 of 2003. The present writ petition has been filed after a period of five years. Even though it is the usual practice of the Courts to show some latitude on the aspect relating to the laches on the part of the Government, we hardly see any justification for delaying the matter for more than five years. Paragraph 14 of the affidavit contains the purported explanation on the part of the petitioners for explaining the delay. It runs as follows:
“14. It is submitted that, on receipt of the Hon’ble Tamil Nadu Administrative Tribunal Order, dated 29.01.2003, the Government have called for remarks on 28.03.2003, which was furnished on 18.11.2003. Further on 19.05.2004, the Government Pleader, High Court of Madras has opined that this is a fit case for filing appeal. This was forwarded to Government on 19.05.2004 and the Government requested the Director General of Police to prepare draft Writ Petition on 04.06.2004. Accordingly the vetted copy was sent to Government on 20.11.2004 which was approved and sent for filing on 27.05.2005 by the Government. Subsequently, he was included in the 2004-2005 temporary panel approved and issued in G.O.Ms.No.81, Home (Pol.2) Department dated 28.01.2005 and he has been promoted as Deputy Superintendent of Police. Hence, the delay in filing this Writ Petition challenging the Hon’ble Tamil Nadu Administrative Tribunal orders dated 29.01.2003 in O.A.No.360/03 was purely administrative reasons only. It is therefore prayed that the Hon’ble Court may be pleased to condone the delay in filing the Writ Petition.”
3.We hardly see any explanation for considerable delay in filing the writ petition. Even assuming that there was some explanation available till 2004, thereafter, there is hardly any explanation as to why the matter remained pending for 3 = years. In such view of the matter, we dismiss the writ petition on the ground of laches. No costs. Consequently, connected MP is closed.
nsv/
To:
The Registrar
Tamil Nadu Administrative Tribunal
Chennai 104.