The Madurai Bench of the Madras High Court restored the original Writ Petition No. 17807 of 2015 to file, holding that the delay asserted in the current remedy was acceptable.
The petition is ordered and the underlying Writ Petition is restored to file.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Monday, the Fifth day of February Two Thousand Eighteen
PRESENT
The Hon`ble Mr Justice R.MAHADEVAN
WMP(MD) No.14118 of 2017 IN WP(MD) No.17807 of 2015
JESUS GOES FORWARD MINISTRIES REP.BY ITS PASTOR B.RUBAN, ... PETITIONER
1 THE SECRETARY MINORITY WELFARE DEPARTMENT, FORT ST. GEORGE, CHENNAI 9.
2 THE DISTRICT COLLECTOR NAGERCOIL, KANYAKUMARI DISTRICT.
3 THE SUB-COLLECTOR, NAGERCOIL, KANYAKUMARI DISTRICT.
4 THE REVENUE DIVISIONAL OFFICER NAGERCOIL DIVISION, NAGERCOIL, KANYAKUMARI DISTRICT
5 THE TAHSILDAR, AGASTEESWARAM TALUK, NAGERCOIL, KANYAKUMARI DISTRICT
6 THE EXECUTIVE OFFICER, ANJUGRAMAM PANCHAYAT, KANYAKUMARI DISTRICT.
7 THE SUPERINTENDENT OF POLICE NAGERCOIL, KANYAKUMARI DISTRICT ... RESPONDENTS
This Petition is filed under Article 226 of the Constitution of India, praying this Court to set aside the order passed in WP(MD) No.17807 of 2015 dated on 30.08.2017 which dismissed as default for due to non- prosecution of the case and restore the case in the above said Writ Petition.
Prayer in WP(MD). 17807/ 2015 :
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 to call for the records relevant to the impugned order in D.Dis.C3/5141/2010 dated 19.11.2014 passed by the
2nd respondent and the consequential order in D.Dis.C3/32757/2011 dated 02.07.2015 passed by the 2nd respondent and quash the same and consequently directing the Respondents Nos.2,5 & 6 to process the application for building plan and to grant planning permission to build concrete building for the existing prayer hall as a church in said premises comprised 32 cents in Survey No.857, 857/4, 857/5, 857/4B in Door No.87-D, Kanimadam, Anjugramam Post, Azhagappapuram, Anjugramam Village, Agasteeswaram, Kanyakumari District.
ORDER : This petition coming on for hearing on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.G.MURUGENDRAN, Advocate for the petitioner, MR.C.MARI CHELLIAH PRABHU, Additional Government Pleader for Respondents, this Court made the following order:-
Heard the learned Counsel for the Petitioner.
Considering the reasons stated in the affidavit appended to this Petition and delay being acceptable, this petition is ordered, and the Writ Petition is restored to file.
Assistant Registrar (CO) // True Copy //
Sub Assistant Registrar(CS-IV)
TO
1 THE SECRETARY MINORITY WELFARE DEPARTMENT, FORT ST. GEORGE, CHENNAI 9.
2 THE DISTRICT COLLECTOR NAGERCOIL, KANYAKUMARI DISTRICT.
3 THE SUB-COLLECTOR, NAGERCOIL, KANYAKUMARI DISTRICT.
4 THE REVENUE DIVISIONAL OFFICER NAGERCOIL DIVISION, NAGERCOIL, KANYAKUMARI DISTRICT
5 THE TAHSILDAR, AGASTEESWARAM TALUK, NAGERCOIL, KANYAKUMARI DISTRICT
6 THE EXECUTIVE OFFICER, https://hcservices.ecourts.gov.in/hcservices/ ANJUGRAMAM PANCHAYAT, KANYAKUMARI DISTRICT.
7 THE SUPERINTENDENT OF POLICE NAGERCOIL, KANYAKUMARI DISTRICT
Given direction etc., as stated within.
TR/JGP/SAR-IV (15.02.2019) 3P 8C
1 issue framed by the court
Whether the Court should set aside the order dismissing a writ petition for default due to non-prosecution and restore the petition to file.
JESUS GOES FORWARD MINISTRIES REP.BY ITS PASTOR B.RUBAN
THE SECRETARY MINORITY WELFARE DEPARTMENT
THE DISTRICT COLLECTOR NAGERCOIL
THE SUB-COLLECTOR NAGERCOIL
THE REVENUE DIVISIONAL OFFICER NAGERCOIL DIVISION
THE TAHSILDAR AGASTEESWARAM TALUK
R. MAHADEVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
