This court restored a Writ Appeal dismissed for default by setting aside the dismissal order on the basis of affidavit reasons filed by the petitioner.
Order dated 30.01.2017 is set aside; Writ Appeal WA(MD).No.1613 of 2016 is restored to file.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Wednesday, the Ninth day of August, Two Thousand and Seventeen
PRESENT
The Hon`ble Mr.Justice K.K.SASIDHARAN
and
The Hon`ble Mr.Justice G.R.SWAMINATHAN
CMP(MD) No.6687 of 2017 IN WA(MD) No.1613 of 2016
P.SHANMUGADEVI, D/O.PANDIYAN ... PETITIONER
4 KAVITHA, W/O.THAVASU RAJAN ... RESPONDENTS
PRYER IN CMP(MD) No.6687 of 2017:
Civil Miscellaneous Petition is filed Under Section 151 of C.P.C praying that this Hon'ble Court to restore the Writ Appeal in WA(MD).No.1613/16 which was dismissed for default on 30/01/2017.
Prayer in WA(MD). 1613/ 2016 :
Writ Appeal is filed Under clause 15 of the Letter Patent against the order dated 16.02.2012 made in W.P(MD) No.549 of 2010.
Prayer in WP(MD). 549/ 2010 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a WRIT OF CERTIORARIFIED MANDAMUS, calling for the records pertaining to the cancellation of the petitioner's appointment order passed by the 2nd respondent vide Se.Mu.Na.Ka.No.5555/m1/2008, dated 31-12-2009 and quash the same and consequently directing the 1st and 2nd respondents to reinstate the petitioner as a Anganwadi worker of Arasaradi Mini Anganwadi Centre, Ilayankudi Taluk, Sivagangai District under the 3rd respondent Office.
ORDER : This petition coming on for hearing on this day, upon perusing the petition and affidavit and material papers of the
petition and upon hearing the arguments of Mr.K.GURUNATHAN, Advocate for the petitioner ,and of Mr.M.GOVINDAN, Special Government Pleader on behalf of the Respondents No.1 to 3, this court made the following order:-
We have heard the learned counsel for the petitioner and the learned Special Government Pleader on behalf of R1 to R3 and the learned counsel for the fourth respondent.
2.In view of the reasons found mentioned in the affidavit filed in support of the Civil Miscellaneous Petition, the Order dated 30.01.2017 is set aside. The Writ Appeal in WA(MD).No.1613 of 2016, is restored to file.
Sd/Assistant Registrar(CS-III)
/Truecopy/
Sub Assistant Registrar
TO
1 THE DISTRICT COLLECTOR , SIVAGANGAI, SIVAGANGAI DISTRICT.
2 THE DISTRICT PROJECT OFFICER,
3 THE CHILD DEVELOPMENT PROJECT OFFICER, ILAYANKUDI, SIVAGANGAI DISTRICT.
MAS/SKN-RSK/SAR1:24.08.2017:2P-4C
1 issue framed by the court
Whether the order dismissing the Writ Appeal for default on 30.01.2017 be restored.
P.SHANMUGADEVI
THE DISTRICT COLLECTOR , SIVAGANGAI
KAVITHA
K.K.SASIDHARAN
G.R.SWAMINATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
