The Madras High Court condoned a delay of 135 days in filing a Writ Appeal. The petitioner was directed to pay Rs.500 as a condition for condonation, with dismissal if the payment is not made within one week.
Delay of 135 days condoned on condition of payment of Rs.500 within one week; automatic dismissal if payment not made.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Thursday, the Twenty Third day of March Two Thousand Seventeen
PRESENT
The Honble Mr.Justice T.S.SIVAGNANAM and The Honble Mr.Justice P.VELMURUGAN
CMP(MD) No.2126 of 2017 IN
WA(MD) No.SR9380 of 2017
TVL.G.SELVAKUMAR AND BROTHER REPRESENTED BY ITS PARTNER,
G.VADAMALAI RAJAN, AGED ABOUT 56 YEARS, S/O.R.M.GURUSWAMY,
NO.53-B, MOUNDSPURAM 4TH LANE,
DINDIGUL-624 001. ... PETITIONER/APPELLANT/
PETITIONER
Vs
EZHILAGAM, CHEPAUK, CHENNAI - 600 005.
COMMERCIAL TAXES BUILDINGS,
SUB-COLLECTORS OFFICE ROAD,
DINDIGUL-624 001. ... RESPONDENTS/RESPONDENTS/ RESPONDENTS
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 135 days in filing the Writ Appeal against the order of the learned Judge dated 26/08/2016 passed in W.P.(MD)No.15932 of 2016.
Prayer in WP(MD). 15932/ 2016 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari calling for the records pertaining to the impugned proceedings of the 2nd respondent in TIN No.33155240240/2014-15 dated 30.06.2016 and quash the same.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.B.ROOBAN, Advocate for the petitioner the court made the following order:-
Order of the Court was made by T.S.SIVAGNANAM, J.
This Petition seeking to condone is condoned, on condition that the petitioner shall pay a sum of Rs.500/- within a period of one week from today, to the credit of Indian Bank Savings Account No.6514082295, operated by the Registrar (Administration), for the purpose of removal of Karuvelam Trees. It is made clear that if the cost is not paid by the petitioner within the time stipulated in this order, the present Miscellaneous Petition shall stand dismissed automatically without any further reference to this Court.
sd/23/03/2017 / TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
nb TO 1 THE COMMISSIONER OF COMMERCIAL TAXES, O/O THE PRINCIPAL AND SPECIALCOMMISSIONER OF COMMERCIAL TAXES, EZHILAGAM, CHEPAUK, CHENNAI - 600 005.
2 THE ASSISTANT COMMISSIONER (CT)-III, DINDIGUL III ASSESSMENT CIRCLE, COMMERCIAL TAXES BUILDINGS, SUB-COLLECTORS OFFICE ROAD, DINDIGUL-624 001.
COPY TO : THE REGISTRAR (ADMINISTRATION) (REMOVAL OF KARUVELAM TREES) MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. (INDIAN BANK SAVING ACCOUNT NO.6514082295)
GJM/BS/SAR-3-27.3.17-2p-4C
ORDER IN CMP(MD) No.2126 of 2017 IN WA(MD) No.SR9380 of 2017 Date :23/03/2017
2 issues framed by the court
Whether the delay of 135 days in filing a Writ Appeal can be condoned?
Whether the petitioner must pay costs as a condition for condonation of delay?
1 provisions across 1 enactments
TVL.G.Selvakumar
The Commissioner of Commercial Taxes
The Assistant Commissioner (CT)-III, Dindigul
T.S.Sivagnanam
P.Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
