The Madras High Court dismissed a miscellaneous petition filed by Devakkottai Municipality seeking condonation of a 1398-day delay in filing a Writ Appeal. The court held the reasons for delay were sketchy and inconclusive, noting the petitioner's lack of diligence, especially given the ex parte nature of the lower award.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Wednesday, the Fourteenth day of June Two Thousand Seventeen
PRESENT
The Honble Mr.Justice T.S.SIVAGNANAM and The Honble Mr.Justice P.VELMURUGAN
CMP(MD) No.80 of 2017 IN WA(MD) No.SR47474 of 2016
THE DEVAKKOTTAI MUNICIPALITY REP. BY ITS COMMISSIONER, DEVAKKOTTAI, SIVAGANGAI DISTRICT.
... APPELLANT / PETITIONER
Vs
1 R.SHANMUGASUNDARAM
3 LABOUR OFFICER RAMNAD. ... 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 1398 days in filing the above Writ Appeal.
PRAYER IN WA(MD) No.SR47474 of 2016:
To set aside the order dated 11.01.2013 passed by the Learned Judge in WP(MD) NO.3730 of 2017.
Prayer in WP(MD). 3730/ 2007 :
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 relating to the impugned award dated 28.2.2003 in ID.No.191 of 2001 on the file of the Labour Court, Madurai 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.H.MOHAMMED IMRAN, Advocate for the petitioner and of MR.V.PERUMAL on behalf of the 1st Respondent the court made the following order:-
[Order of the Court by T.S.SIVAGNANAM, J. ]
This miscellaneous petition is to condone the delay of 1398 days in filing the appeal.
sd/-
14/06/2017
/ TRUE COPY /
https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE COMMISSIONER, THE DEVAKKOTTAI MUNICIPALITY DEVAKKOTTAI, SIVAGANGAI DISTRICT.
ORDER IN CMP(MD) No.80 of 2017 IN WA(MD) No.SR47474 of 2016 Date :14/06/2017 SVA/RR/BS/19.06.2017/SAR2/3P/5C
1 issue framed by the court
Whether the petitioner Municipality has shown sufficient cause to condone the inordinate delay of 1398 days in filing the Writ Appeal.
THE DEVAKKOTTAI MUNICIPALITY
R.SHANMUGASUNDARAM
THE PRESIDING OFFICER LABOUR COURT, MADURAI
LABOUR OFFICER RAMNAD
T.S.SIVAGNANAM
P.VELMURUGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
