Madras High Court (MHC) 
Tamil Nadu

Madras HC raps filing appeals belatedly, orders DVAC probe

In 2021, in a case relating to a private trust, a single Judge of the High Court had rendered a judgment in favour of the trust

DTNEXT Bureau

CHENNAI: The Madras High Court has strongly criticised the lethargic approach of government officials in handling official files and has directed that an enquiry be conducted by the Department of Vigilance and Anti-Corruption (DVAC) against officers who fail to file appeals within the prescribed limitation period, causing inordinate delay.

In 2021, in a case relating to a private trust, a single Judge of the High Court had rendered a judgment in favour of the trust. Challenging the order, the Commissioner of the Greater Chennai Corporation, the Joint Commissioner, the Zonal Officer and the District Revenue Officer preferred an appeal only in 2025.

They also filed a petition seeking condonation of the 1,421-day delay in filing the appeal, stating that the judgment copy dated October 7, 2021, could not be traced in the Corporation office and that the Revenue Department officials furnished it only in September and November last year.

The Division Bench, comprising the Chief Justice MM Shrivastava and Justice G Arul Murugan, while considering the matter, expressed strong disapproval, observing that the officers concerned had remained completely inactive and negligent in handling the files. The Judges further noted that the Supreme Court has, on several occasions, cautioned against such belated filing of appeals by government authorities.

Holding that the petition seeking condonation of such an inordinate delay cannot be entertained, the Bench dismissed the same.

The Court further observed that in several cases, government officials seek to justify prolonged delays by assigning untenable reasons, as in the present case.

The Bench remarked that such delays may either be attributable to gross negligence or, in certain cases, collusion with the opposite party. Therefore, it directed that superior authorities shall initiate an enquiry against officials responsible for failing to file appeals within the stipulated time.

It directed that an investigation be conducted through the DVAC and instructed the High Court Registry to forward the judgment copy to the Tamil Nadu Chief Secretary to ensure appropriate action in similar cases.

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