Court allowed the miscellaneous writ petition filed to set aside a dismissal for default order issued in the main writ petition due to the petitioner's non-appearance, thereby restoring the matter for hearing.
Set aside the dismissal for default order dated 18.11.2018 in WP(MD) No.18142 of 2013 and restore the said writ petition to the file of this Court.
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.
WMP(MD). No.4782 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
(Special Original Jurisdiction)
Tuesday, the Seventeenth day of March Two Thousand and Twenty
PRESENT
The Hon'ble Mr.Justice C.V.KARTHIKEYAN
WMP(MD). No.4782 of 2020 in WP(MD).No.18142 of 2013
S. Annal ...Petitioner
Vs
...Respondents/Respondents
Prayer in WMP(MD). No.4782 of 2020 :-
Writ Miscellaneous Petition filed Under Article 226 of the Constitution of India, praying this Court to Set aside the dismissal for default order dated 18.11.2018 passed by this Court in W.P(MD) No.18142 of 2013 due to non appearance an the side of the Writ Petitioner and thereby restore the said Writ Petition on the file of this Court.
Prayer in WP(MD).No.18142 of 2013 :
Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records of the 5th respondents and quash the impugned notice dated 23/10/2013 vide No.Ka.Na.Ume Po/vi/Radhapuram/Ka.Thani/A.No.202/13 issued by the 5th respondent as illegal and consequentially direct the respondents not to take coercive steps like closure or disconnecting the Electricity connection 38 HP 30 KW vide Account in S.No.626/E6/164 and the present Service connection of the concern in S.C.No.07-065-001-1541 https://hcservices.ecourts.gov.in/hcservices/ in respect of petitioner's saw mill concern named "Santha Cruz Saw
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WMP(MD). No.4782 of 2020
Mill" situated at door no.31/1A, Survey No.199/1C3, Vadakankulam Road, Radhapuram, Thirunelveli District 627 111, till the petitioner's application for license is considered by the 1st respondent/State Level empowered committee.
ORDER:-
Writ Miscellaneous Petition coming up for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.J.Suresh, Advocate for the Petitioner and of Mrs.J.Padmavathidevi, Special Government Pleader, on Behalf of the 1st Respondent and of Mr.G.Kasinatha Durai, Advocate For the Respondents No.2 to 5, this Court made the following order:
Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed and WP(MD). No.18142 of 2013 is restored accordingly.
List the said Writ Petition for hearing on 17.04.2020.
Assistant Registrar(CS-III)
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
TO
Copy to:
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WMP(MD). No.4782 of 2020
ORDER DATED : 17/03/2020
HEARING DATED : 17.04.2020
========================== RESTORED ==========================
WMP(MD). No.4782 of 2020 in WP(MD).No.18142 of 2013
Giving direction and etc. as stated within.
NS(CO) TR(20.03.2020) 3P 8C
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2 issues framed by the court
Whether to set aside the dismissal for default order passed in the main writ petition on grounds of non-appearance by the petitioner.
Whether to restore the main writ petition WP(MD) No.18142 of 2013 to the file of this Court for further hearing.
1 provisions across 1 enactments
S. Annal
District Forest Officer, Tirunelveli
The Chairman, Tamilnadu Electricity Board
The Superintending Engineer, TNEB, Tirunelveli
The Chief Engineer, TNEB, Radhapuram
The Junior Engineer, Distribution TANGEDCO
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
