The court dismissed a petition seeking condonation of a two-day delay in filing an appeal under Article 227. The court held the petition unnecessary as no delay existed given the knowledge date.
Petition dismissed; direction to Registry to number the appeal filed.
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C.M.P.No.20703 of 2019
C.M.P.No.20703 of 2019
in
W.A.No.SR107795 of 2019
N.KIRUBAKARAN, J. and P.VELMURUGAN, J.
(Order of the Court was made by N.KIRUBAKARAN,J.)
This petition has been filed to condone the delay of 2 days in filing
the appeal.
2.The petitioner herein is the fourth respondent in the Writ petition
and it is evident from the order dated 19.07.2019 that at the time of admission itself, the Writ petition has been disposed after hearing the learned Special Government Pleader alone.
3.It is stated in Paragraph No.13 of the affidavit filed in support of the
stay petition that the petitioner came to know about the order passed, only on 05.08.2019, when the order was produced before the cancellation officer
viz., the 4th respondent herein. Since the petitioner has got the knowledge
C.M.P.No.20703 of 2019
N.KIRUBAKARAN, J. and P.VELMURUGAN, J.
ay
of the order passed only on 05.08.2019 and immediately they have filed the
appeal on 20.08.2019, there is no delay on the part of the petitioner.
4.Hence, this petition is unnecessary and the same is dismissed with
a direction to the Registry to number the appeal.
(N.K.K.,J.) (P.V.,J.)
26.09.2019
ay
C.M.P.No.20703 of 2019
in
W.A.No.SR107795 of 2019
1 issue framed by the court
Whether a two-day delay in filing the appeal should be condoned considering the time of knowledge of the impugned order.
N.KIRUBAKARAN
N.KIRUBAKARAN
P.VELMURUGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
