Allowed

The Commissioner, v. G.Raju

Madras HC3 Sept 2020CMP(MD)/5101/2019

Case brief

AI extract

What is this about?

This order deals with condoning delay in filing Writ Appeals filed by the Commissioner, Paramakudi Municipality against prior orders. The court allowed the petitions subject to payment of a fee and filing of a formal affidavit regarding the merits of the stay application before the appeals are listed for admission.

What did the court decide?

The petitions are allowed on condition that the petitioners pay Rs.3,500/- to the Paramakudi Bar Association and file a Memo regarding the status of the stay application within two weeks.

The Commissioner, Vs G.Raju — Writ and Judicial Review | Madras HC (2020)

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C.M.P.(MD)Nos.5101 and 5102 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )

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Thursday, the Third day of September Two Thousand Twenty

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PRESENT

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The Honble Mr.Justice M.SATHYANARAYANAN and The Honble Mr.Justice P.RAJAMANICKAM

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C.M.P.(MD)Nos.5101 and 5102 of 2019 in W.A.(MD)SR Nos.25149 & 25174 of 2019

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THE COMMISSIONER, PARAMAKUDI MUNICIPALITY, PARAMAKUDI, RAMANATHAPURAM DISTRICT. ... PETITIONER/ APPELLANT in both the petitions

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1 G.RAJU

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2 THE STATE OF TAMILNADU REP BY THE SECRETARY, THE DEPARTMENT OF MUNICIPAL ADMINISTRATION AND WATER SUPPLY, SECRETARIAT, CHENNAI.

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3 THE COMMISSIONER OF MUNICIPAL ADMINISTRATION, OFFICE OF THE COMMISSIONER OF MUNICIPAL ADMINISTRATION, CHEPAUK, CHENNAI 5. ... RESPONDENTS/ RESPONDENTS in C.M.P.(MD)No.5101 of 2019

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in W.A.(MD)SR No.25149 of 2019

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1 P.KUMAR

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2 THE STATE OF TAMILNADU REP BY THE SECRETARY, THE DEPARTMENT OF MUNICIPAL ADMINISTRATION AND WATER SUPPLY, SECRETARIAT, CHENNAI.

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3 THE COMMISSIONER OF MUNICIPAL ADMINISTRATION, OFFICE OF THE COMMISSIONER OF MUNICIPAL ADMINISTRATION, CHEPAUK, CHENNAI 5.

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... RESPONDENTS/ RESPONDENTS in C.M.P.(MD)No.5102 of 2019 in W.A.(MD)SR No.25174 of 2019

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https://hcservices.ecourts.gov.in/hcservices/

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C.M.P.(MD)Nos.5101 and 5102 of 2019

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PRAYER IN C.M.P.(MD)No.5101 of 2019

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Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delaly of 345 days in filing the Writ Appeal against the order passed in WP(MD)No.5301 of 2017 on the file of this Honourable Court dated 19.06.2017 pending disposal of the main WA.

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PRAYER IN C.M.P.(MD)No.5102 of 2019

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Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delaly of 558 days in filing the Writ Appeal against the order passed in WP(MD)No.5302 of 2017 on the file of this Honourable Court dated 19.06.2017 pending disposal of the main WA.

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ORDER : These petitions coming on for orders upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of M/S.M.KANNAN, Advocate for the petitioner in both the petitions and of Mr.R.R.KANNAN, Advocate for R1 in both the petitions, Mr.K.P.KRISHNADOSS, Special Government Pleader for R2 & R3 in both the petitions, the court made the following order:-

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(Order of the Court was made by M.SATHYANARAYANAN,J. )

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Heard the submissions of Mr.M.Kannan, learned Counsel appearing for the appellant/writ petitioner, Mr.R.R.Kannan, learned Counsel appearing for the first respondent and Mr.K.P.Krishnadoss, learned Special Government Pleader, appearing for respondents 2 and 3.

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Though these petitions are strongly opposed by the learned Counsel appearing for the first respondent, this Court on going through the affidavits filed in support of these petitions, especially, paragraph Nos.4 and 5, is inclined to allow these petitions by putting the petitioners on terms.

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In the result, these Civil Miscellaneous Petitions are ordered and the delay is condoned on condition that the petitioners shall pay a sum of Rs.3,500/- (Rupees Three Thousand and Five Hundred only), each to the Paramakudi Bar Association, within a period of two weeks from today and also file a Memo to that effect. On such filing of the Memo, if the papers are otherwise in order, the Registry shall number these appeals and list it for admission. https://hcservices.ecourts.gov.in/hcservices/

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C.M.P.(MD)Nos.5101 and 5102 of 2019

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Print the name of Mr.R.R.Kannan, learned Counsel appearing for the first respondent and Mr.K.P.Krishnadoss, learned Special Government Pleader, appearing for respondents 2 and 3.

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sd/03/09/2020 / TRUE COPY /

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/ /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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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1 THE SECRETARY, THE STATE OF TAMILNADU THE DEPARTMENT OF MUNICIPAL ADMINISTRATION AND WATER SUPPLY, SECRETARIAT, CHENNAI.

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2 THE COMMISSIONER OF MUNICIPAL ADMINISTRATION, OFFICE OF THE COMMISSIONER OF MUNICIPAL ADMINISTRATION, CHEPAUK, CHENNAI 5.

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COPY TO:

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THE OFFICER INCHARGE, PARAMAKUDI BAR ASSOCIATION, PARAMAKUDI.

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+1 CC to M/s.M.KANNAN, Advocate ( SR-6231[I] dated 03/09/2020 )

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ORDER IN

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C.M.P.(MD)Nos.5101 and 5102 of 2019 in W.A.(MD)SR Nos.25149 & 25174 of 2019 Date :03/09/2020

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AE/VR/SAR-4/08.09.2020/3P.5C

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https://hcservices.ecourts.gov.in/hcservices/

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The Commissioner, v. G.Raju

Case brief

What is this about?

What did the court decide?

The Commissioner, v. G.Raju

Case brief

What is this about?

What did the court decide?

What the court decided

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