Civil Miscellaneous Petition seeking condonation of delay of 358 days in filing a writ appeal. The Court allowed the petition on terms, directing the appellant to pay a sum to the respondent.
Condonation of delay allowed on terms of payment of Rs. 2000 to the second respondent within two weeks.
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.271 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Civil Appellate Jurisdiction )
Monday, the Seventh day of September Two Thousand Twenty
PRESENT
The Honble Mr.Justice M.SATHYANARAYANAN and The Honble Mr.Justice P.RAJAMANICKAM
CMP(MD) No.271 of 2020 in WA(MD)No.SR742 of 2020
THE MANAGEMENT OF TAMILNADU
STATE TRANSPORT CORPORATION, (MADURAI) LIMITED, MADURAI DIVISION, BYE PASS ROAD,
MADURAI. ... PETITIONER/APPELLANT
1.THE LABOUR INSPECTOR, ELLIS NAGAR, MADURAI-625 016.
2.R.NALLAMANI ... RESPONDENTS/RESPONDENTS
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 358 days in filing the above Writ appeal before this Honourable Court against the order dated 11.12.2018 made in W.P(MD).No. 22667 of 2016 on the file this Honourable Court.
PRAYER IN WA(MD)No.SR742 of 2020:
Pleased to set aside the order dated 11.12.2018 in WP(MD) NO.22667 of 2016 on the file of this Hon'ble Court passed by the Hon'ble Single Judge by allowing this Writ Appeal.
PRAYER in WP(MD)NO.22667 of 2016:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records of the first respondent in his proceeding in Na.Ka.No.Aa/5619/14 dated 19.08.2015, quash the same.
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CMP(MD) No.271 of 2020
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.J.SENTHIL KUMARAIAH, Advocate for the petitioner and of Mr.K.P.KRISHNADOSS, Special Government Pleader for R1 and Mr.G.M.XAVIER, Advocate for R2, the court made the following order:-
[Order of the Court was made by M.SATHYANARAYANAN, J. , ]
This Court perused the affidavit and the additional affidavit filed in support of this petition and the delay appears to be administrative in nature.
sd/07/09/2020 / 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.
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CMP(MD) No.271 of 2020
TO
THE LABOUR INSPECTOR,
ELLIS NAGAR, MADURAI-625 016.
VSM
TK/PN/SAR.4/09.09.2020/3P/2C
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1 issue framed by the court
Whether condonation of delay in filing a writ appeal is permissible on the facts and without contrary orders.
Tamilnadu State Transport Corporation (Madurai) Ltd.
Labour Inspector, Ellis Nagar, Madurai
R. Nallamani
M.SATHYANARAYANAN
P.RAJAMANICKAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
