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2026 DAILYLAW 48241 (MAD)

Thiyagi kandar Mohideen v. The State of Tamil Nadu

WMP/27536/2026 · 2026-07-09

Hemant Chandangoudar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.M.P.No.27536 of 2026 Page Nos.1/4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.07.2026 CORAM THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR W.M.P.No.27536 of 2026 in W.P.No.33983 of 2017 Thiyagi Kadar Mohideen (died) Ameena Bee ... Petitioner vs. 1. The State of Tamil Nadu Rep. By its Secretary to Government Public (Political Pension III) Department, Fort St.George Chennai-600 009. 2. The District Collector Namakkal. … Respondents Writ Miscellaneous Petition filed under Article 226 of the Constitution of India seeking to condone the delay of 1268 days in filing the petition to restore the writ petition in W.P.No.33983 of 2017 which was dismissed as abated on 27.08.2020. For Petitioner : Mr.I.Abrar Mohamed Abdullah For Respondents : Mr.C.Prabakaran Government Counsel ***** https://www.mhc.tn.gov.in/judis W.M.P.No.27536 of 2026 Page Nos.2/4 O R D E R This Writ Miscellaneous Petition has been filed seeking to condone a delay of 1,268 days in filing a petition to restore W.P. No.33983 of 2017, which came to be dismissed as abated on 27.08.2020. 2. In the affidavit filed in support of the petition, it is stated that, owing to the COVID-19 pandemic, the petitioner was unable to give instructions to her counsel, resulting in the writ petition being dismissed as abated. It is further stated that the delay in filing the restoration petition was also occasioned by the petitioner’s ill health. According to the petitioner, after recovering from her health issues in June 2025 and collecting the relevant documents, she has filed the present petition seeking restoration of the writ petition. It is therefore contended that the delay is neither wilful nor wanton, but bona fide and deserves to be condoned. 3. This Court has considered the reasons assigned in the affidavit filed in support of the petition. The explanation offered for the delay appears to be satisfactory and constitutes sufficient cause. Moreover, the writ petition pertains to the petitioner’s claim for grant of the Tamil Nadu Freedom https://www.mhc.tn.gov.in/judis W.M.P.No.27536 of 2026 Page Nos.3/4 Fighters Pension. If the delay is not condoned, the petitioner would be deprived of an opportunity to prosecute her claim, resulting in serious prejudice and financial hardship. In the above circumstances, this Court is satisfied that sufficient cause has been made out for condoning the delay. 4. Accordingly, this Writ Miscellaneous Petition is allowed, and the delay of 1,268 days in filing the restoration petition is condoned. 09.07.2026 Speaking / Non-speaking order Neutral Citation : Yes / No Index : Yes / No mk To 1. The State of Tamil Nadu Rep. By its Secretary to Government Public (Political Pension III) Department, Fort St.George Chennai-600 009. 2. The District Collector Namakkal. https://www.mhc.tn.gov.in/judis W.M.P.No.27536 of 2026 Page Nos.4/4 HEMANT CHANDANGOUDAR, J., mk W.M.P.No.27536 of 2026 in W.P.No.33983 of 2017 09.07.2026 https://www.mhc.tn.gov.in/judis