The Madurai Bench of the Madras High Court considered a miscellaneous petition to condone a delay of 95 days in filing a writ appeal. Based on reasons given in the affidavit, the court condoned the delay and allowed the petition.
Condonation of a 95-day delay in filing a writ appeal; disposal of the holding busy miscellaneous petition.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Thursday, the Twentieth day of December Two Thousand Eighteen
PRESENT
The Hon`ble Mr.Justice K.K.SASIDHARAN and
The Hon`ble Mr.Justice P.D.AUDIKESAVALU
CMP(MD) No.12187 of 2018 IN
WA(MD) No.SR31686 of 2018
Vs
1 P.PERIYASAMY 2 N.RAMACHANDRAN
3 R.GANESAN 4 A.P.NAGARAJAN
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 95 days in representing the above W.A.SR. (MD).No.31686 of 2018 and thus render justice
PRAYER IN WA(MD) No.SR31686 of 2018
allow this Writ Appeal by setting aside the order dated 08.02.2018 made in W.P.(MD)NO.10288 of 2014 on the file of this Hon'ble Court and thus render justice.
Prayer in WP(MD). 10288/ 2014 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of https://hcservices.ecourts.gov.in/hcservices/ Certiorarified Mandamus calling for the records of the second respondent i.e the Managing Director, TAMIN, Chennai relating to his
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letter No. RC. 504/E4/14 dated 11.02.2014 and quash the same and consequently direct the first and second respondent s to fix the scale of pay in respect of the petitioenrs as Rs.9300-34800+4200 in the Selection Grade notionally with effect from 01.01.2006 and with monetary benefit from 01.04.2013 within a specified time frame that may be fixed by this Honble high Court.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.D.MURUGANANTHAM,Additional Government Pleader for the petitioner and of Mr.V.S.KUMARAGURU,Advocate for the Respondents the court made the following order:-
ORDER
[Order of the Court was made by K.K.SASIDHARAN, J. ]
This petition has been filed to condone the delay of 95 days in re-presenting the above W.A(MD)No.SR31686 of 2018.
2.Heard the learned counsel for both sides.
3.In view of the reasons found mentioned in the affidavit filed in support of the Miscellaneous Petition, the delay of 95 days is condoned.
4.The Civil Miscellaneous Petition is allowed.
sd/20/12/2018 / TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO
3 THE SECRETARY TO GOVERNMENT INDUSTRIES (MME-1)DEPARTMENT, https://hcservices.ecourts.gov.in/hcservices/ SECRETARIAT, CHENNAI 600 009.
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PS/JC/SAR-4/09.01.2019/3P/4C
ORDER IN CMP(MD) No.12187 of 2018 IN WA(MD) No.SR31686 of 2018 Date :20/12/2018
1 issue framed by the court
Whether an application for condonation of delay in representing a writ appeal is maintainable.
THE MANAGING DIRECTOR TAMILNADU MINERALS LTD., CHEPAUK, CHENNAI
THE FACTORY MANAGER TAMILNADU MINERALS LTD., SENTHIUDAYANATHAPURAM, MELUR ROAD, SIVAGANGAI.
1 P.PERIYASAMY 2 N.RAMACHANDRAN 3 R.GANESAN 4 A.P.NAGARAJAN
THE SECRETARY TO GOVERNMENT INDUSTRIES (MME-1)DEPARTMENT, SECRETARIAT, CHENNAI
K.K.SASIDHARAN
P.D.AUDIKESAVALU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
