The Madurai Bench, allowing condonation of 963 days' delay in filing a Civil Miscellaneous Petition (Writ Appeal) under Article 226, imposed a fine of Rs 10,000 for charity and directed listing for admission upon payment.
Condoned 963 days' delay; ordered payment of Rs.10,000 to Anbagam within two weeks and filing of a memo.
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.
CMP(MD) No.11014 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Civil Appellate Jurisdiction )
Wednesday, the Ninth day of September Two Thousand and Twenty
PRESENT
The Hon'ble Mr.Justice M.SATHYANARAYANAN
and
The Hon'ble Mr.Justice P.RAJAMANICKAM
CMP(MD) No.11014 of 2019 in
WA(MD) SR No.79334 of 2019
P.SATHASIVAM NADAR ...RESPONDENT/RESPONDENT
Prayer in CMP(MD). 11014/ 2019 :
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 963 days in filing the Writ Appeal against the order dated 23.02.2017 made in WP(MD) No.6827 of 2008 on the file of this Hon'ble Court.
Prayer in WA(MD) SR No.79334 of 2019 :
To set aside the order dated 23-02-2017 passed in WP(MD) No.6827 of 2008 and allowing the writ appeal.
Prayer in WP(MD). 6827 of 2008 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Certiorarified Mandamus, to call for the records relating to the proceedings of the 1st respondent dated 23.4.2008 made in Na.Ka.No.10050/A2/08 to quash the same and consequently directing the respondents to confer selection grade in the cadre of Assistant treating the selection grade period of Junior Assistant with all consequent and other attendant benefits.
1/3
CMP(MD) No.11014 of 2019
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MRS.SRIMATHY, Special Government Pleader for the appellants and none appeared either in person or an advocate on behalf of the respondent, the court made the following order:-
(Order of the Court was made by M.SATHYANARAYANAN,J. )
Heard the submissions of Mrs.Srimathy, learned Special Government Pleader, appearing for the appellants/petitioners.
sd/-
09/09/2020
/ TRUE COPY /
/ /2020
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
2/3
CMP(MD) No.11014 of 2019
TO
COPY TO:
THE OFFICER INCHARGE, “ANBAGAM”, RACE COURSE ROAD, MADURAI- 625 002.
PKN
SRS/ PN/ SAR-IV/ 14.09.2020/ 3P/4C
3/3
2 issues framed by the court
Whether delay in filing writ appeal earlier allowed under Article 226 of the Constitution of India should be condoned.
Whether a notice to condone the delay is appropriate in the absence of the respondent's appearance.
THE DIRECTOR OF ELEMENTARY EDUCATION DIRECTORATE OF ELEMENTARY EDUCATION COLLEGE ROAD CHENNAI
THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER NAGERCOIL KANYAKUMARI DISTRICT
P.SATHASIVAM NADAR
M.SATHYANARAYANAN
P.RAJAMANICKAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
