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2026 DAILYLAW 58782 (MAD)

S.Ahamed Arif v. S.M.Kanna, M.E.

CMP(MD)/7601/2026 · 2026-07-30

C V Karthikeyan, R Sakthivel

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CMP.(MD)No.7601 of 2026 in WA.(MD)SR.No.48966 of 2026 C.V.KARTHIKEYAN, J and R. SAKTHIVEL, J This petition has been filed seeking to condone the delay of 63 days in filing the Writ Appeal against the order dated 16.03.2026 made in W.P.(MD) No.29578 of 2025. 2. Notice has been served on the respondents. 3. It is seen that respondents 1 to 10 have entered caveat. It is settled law that the caveators can be heard only when any interim orders are to be passed on the admission of the Writ Appeal. This petition has been filed seeking to condone the delay of 63 days in filing the Writ Appeal. Surprisingly, respondents 1 to 10 have stated that they have withdrawn the instructions given to their counsel. The respondents 1 to 10 are Assistant Engineers holding official positions and have taken a conscious decision to withdraw the instructions given earlier to file the caveat, which cannot be appreciated. A memo in that regard has also been filed before the Court. 1/3 https://www.mhc.tn.gov.in/judis 4. Taking note of the reasons given in the affidavit that the appellants had to obtain instructions, collect and verify the relevant records relating to the recruitment process, which was held in the year 2012 and thereafter give the necessary instructions to the counsel to file the Writ Appeal and there has been a delay in completing all these procedures, the delay stands condoned. 5. With respect to R37, who had not been served, the appellants have taken a decision to give up R37. 6. Taking all these factors into consideration, the delay stands condoned and this petition is allowed. The Registry is directed to number the appeal, if it is otherwise in order, and list the same for admission in the usual course. When the matter is listed for admission, the names of the learned counsels who appeared for the respondents shall be printed in the cause list. (C.V.K.,J) & (R.S.V.,J) 30.07.2026 Indu 2/3 https://www.mhc.tn.gov.in/judis C.V.KARTHIKEYAN, J and R. SAKTHIVEL, J Indu CMP.(MD)No.7601 of 2026 in WA.(MD)SR.No.48966 of 2026 30.07.2026 3/3 https://www.mhc.tn.gov.in/judis