The Madras High Court, Madurai Bench, allowed a miscellaneous petition to set aside an order dismissing a writ petition for default and restored the main petition regarding retirement age provisions to file for hearing.
The order dismissing W.P.(MD) No.3772 of 2009 was set aside and the writ petition was restored to file.
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
Wednesday, the Twentieth day of December Two Thousand and Seventeen
PRESENT
The Hon`ble Mr.Justice ABDUL QUDDHOSE
WMP(MD) No.1062 of 2017 IN WP(MD) No.3772 of 2009
K.SOLAIMALAI ... PETITIONER
1.THE STATE OF TAMIL NADU,
REP. BY ITS SECRETARY TO GOVERNMENT,
MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT, FORT ST.GEORGE, CHENNAI-600 009.
MADURAI CITY MUNICIPAL CORPORATION,
MADURAI -625 002.
4.THE CHIEF TOWN PLANNING OFFICER (I/C), MADURAI CITY MUNICIPAL CORPORATION, MADURAI - 625 002. ... RESPONDENTS
Prayer in WMP(MD) No.1062 of 2017:-
Miscellaneous Petition filed under Article 226 of Constitution of India, praying this Hon'ble Court to set aside the order dated 23.12.2016 and restore WP(MD) No.3772 of 2009.
Prayer in WP(MD). 3772/ 2009 :
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 relating to the impugned order of the 4th Respondent issued in Ma.Thi.1/38947/08, dated 30.1.2009 and to quash the same and to direct the 1st Respondent to issue appropriate orders as in G.O.Ms.No.202, MAWS Department, dated 16.10.2008 clarifying that the retirement age of the Basic Servants working in the Corporation is also 60 years.
ORDER : This petition coming on for hearing, and upon the perusing the affidavit and petition filed, and upon hearing the arguments of M/s.AL.Gandhimathi, Advocate for the Petitioner, and of Mr.N.S.Karthikeyan, Special Government Pleader on behalf of the https://hcservices.ecourts.gov.in/hcservices/ Respondent Nos.1 and 2, and Mr.R.Murali, Advocate for the 3rd Respondent, this Court made the following order:-
W.P.(MD)No.3772 of 2009 was dismissed for default on 23.12.2016. The instant miscellaneous petition has been filed by the petitioner to set aside the order dated 23.12.2016 and to restore W.P.(MD)No.3772 of 2009. All the respondents have been served and they have not raised any serious objections for allowing the miscellaneous petition. This Court is also satisfied with the reasons given in the affidavit for restoration of W.P.(MD)No.3772 of 2009.
2.In the result, the order dated 23.12.2016 passed by this Court in W.P.(MD)No.3772 of 2009 is set aside and the writ petition is restored to file. Post the main writ petition on 24.01.2018.
sd/Assistant Registrar(T&P)
/ TRUE COPY /
Sub-Assistant Registrar
TO
1.THE SECRETARY TO GOVERNMENT OF TAMIL NADU, MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT, FORT ST.GEORGE, CHENNAI-600 009.
2.THE COMMISSIONER OF MUNICIPAL ADMINISTRATION, CHEPAUK, CHENNAI-600 005.
3.THE COMMISSIONER, MADURAI CITY MUNICIPAL CORPORATION, MADURAI - 625 002.
4.THE SECTION OFFICER, WRIT SECTION POSTING, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER DATED :20/12/2017 ORDER WMP(MD) No.1062 of 2017 IN WP(MD) No.3772 of 2009
AE/JC/SAR1/02.01.2018/2P/5C
1 issue framed by the court
Whether the order dismissing the writ petition W.P.(MD) No.3772 of 2009 by default should be set aside and the petition restored.
1 provisions across 1 enactments
K.Solaimalai
State of Tamil Nadu
Commissioner of Municipal Administration
Commissioner, Madurai City Municipal Corporation
Chief Town Planning Officer
Abdul Quddhoose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
