High Court dismissed a Civil Miscellaneous Petition filed to condone a 129-day delay in filing a review application. The Court found no grounds to review the original Writ Appeal order and consequently rejected the review application.
Dismissal of the Civil Miscellaneous Petition and rejection of the connected Review Application.
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C.M.P.[MD]No.2196 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI
C.M.P.[MD]No.2196 of 2021 in Rev.Aplc.[MD]No.SR1211 of 2021
1.The State Regional Joint Director, Treasuries and Accounts Department, Tirunelveli.
2.The Treasury Officer, Kalkulam at Thuckalay, Kanyakumari District. ... Petitioners / Review Petitioners
Vs. Aseerwatham ... Respondent / Respondent
PRAYER in C.M.P.[MD]No.2196 of 2021: Petition filed under Section 5
of Limitation Act, praying to condone the delay of 129 days in filing Review Application.
PRAYER in Rev.Aplc[MD]No. SR1211 of 2021: Review Application filed under Order 47, Rule 1 read with Section 114 of the Code of Civil Procedure, to review the order of this Court, dated 17.10.2019 passed in W.A.(MD)No.1039 of 2019, confirming the order dated 30.11.2018 passed in W.P.(MD)No.23781 of 2018 on the file of this Court.
We have heard Mr.A.K.Manikam, learned Government Counsel appearing for the petitioners.
2.On the reasons given in the condone delay petition as well as on the merits of the Review Application, we find that no ground has been made out to review the judgment and order passed in the Writ Appeal. Hence, this Civil Miscellaneous Petition is dismissed. https://hcservices.ecourts.gov.in/hcservices/
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C.M.P.[MD]No.2196 of 2021
Consequently, the connected Rev.Aplc.[MD]No.SR1211 of 2021 is rejected at the S.R. stage itself. No costs.
Assistant Registrar (CSIII)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
Ls/akv
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.
TO
1.The State Regional Joint Director, Treasuries and Accounts Department, Tirunelveli.
2.The Treasury Officer, Kalkulam at Thuckalay, Kanyakumari District.
+1CC to M/s.SPL GP, SR.No.22325 dated 13.07.2021
C.M.P.[MD]No.2196 of 2021 in Rev.Aplc.[MD]No.SR1211 of 2021 09.07.2021
LS(CO) KB(19.07.2021) 2P 4C
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2 issues framed by the court
Whether to condone a delay of 129 days in filing a review application under Order 47, Rule 1 read with Section 114 of the Code of Civil Procedure.
Whether any grounds have been made out to review the judgment and order passed in the Writ Appeal.
2 provisions across 2 enactments
The State Regional Joint Director, Treasuries and Accounts Department, Tirunelveli
The Treasury Officer, Kalkulam at Thuckalay, Kanyakumari District
Aseerwatham
T.S. SIVAGNANAM
R. THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
