Allowed

M.Ganasubramaniam (Deceased) 1.G.PANKAJAM v. the Secretary

Madras HC4 Nov 2024CMP/21557/2024

Case brief

AI extract

What is this about?

The High Court of Madras disposed of three common miscellaneous petitions filed to condone delay and set aside abatement in a writ appeal due to the death of the sole appellant. The court accepted the explanation for the 782-day delay and registered the legal representative.

What did the court decide?

Condoned the delay of 782 days; set aside abatement; brought G. Pankajam on record as legal representative; posted appeal for hearing after two weeks.

M.Ganasubramaniam (Deceased) 1.G.PANKAJAM Vs… — Pension and Retirement Benefits | Madras HC (2024)

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CMP.Nos.21557, 21558 & 21560/2024 in WA.No.155/2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 04.11.2024

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CORAM

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THE HONOURABLE MR. JUSTICE S.S.SUNDAR

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AND

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THE HONOURABLE MR. JUSTICE P.DHANABAL

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CMP.Nos.21557, 21558 & 21560/2024

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in WA.No.155/2022

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M.Gnanasubramaniam [deceased] 1.G.Pankajam

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.. Petitioner in all the petitions

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Versus

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1.The Secretary Housing & Urban Development Board Fort St George, Chennai 600 009.

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2.The Chairman

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Tamil Nadu Housing Board Nandanam, Chennai 600 035.

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3.The Land Acquisition Officer & Special Tahsildar [Land Acquisition] Housing Development Scheme No.1, Coimbatore 641 018.

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4.The Executive Engineer

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https://www.mhc.tn.gov.in/judis

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CMP.Nos.21557, 21558 & 21560/2024 in WA.No.155/2022

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Tamil Nadu Housing Board Tatabad, Coimbatore 641012. .. Respondents in all petitions

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Prayer in CMP.No.21557/2024: Petition filed under Section 5 of the Limitation Act, 1963, to condone the delay of 782 days in filing the petition to set aside aside the abatement caused due to the death of the sole appellant M.Gnanasubramaniam.

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Prayer in CMP.No.21558/2024: Petition filed under Order XXII Rule 9 of CPC, 1908, to set aside the abatement caused due to the death of the sole appellant M.Gnanasubramaniam.

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Prayer in CMP.No.21558/2024: Petition filed under Order XXII Rule 3 of CPC, 1908, to bring on record the petitioner herein as the legal representative of the deceased sole appellant, M.Gnanasubramaniam.

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For Petitioner in all petitions : Mr.R.Amarnath For R1 in all petitions : Mr.A.Selvendran, Spl.GP For RR2 to 4 : Mr.M.Arunkumar, AGP

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COMMON ORDER

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[Order of the Court was made by S.S.SUNDAR, J.,]

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(1) These petitions are filed to condone the delay of 782 days in filing a

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petition to set aside abatement caused due to the death of the sole

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appellant ; to set aside the abatement and to bring on record the

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https://www.mhc.tn.gov.in/judis

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CMP.Nos.21557, 21558 & 21560/2024 in WA.No.155/2022

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proposed petitioner G.Pankajam, as the legal representative of the

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deceased sole appellant as the appellant in WA.No.155/2024.

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(2) In the affidavit filed in support of the petition in CMP.No.21557/2024, the petitioner, who is the wife of the deceased sole appellant, has properly explained the delay to the satisfaction of this Court. The relationship is not in dispute.

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(3) Hence, CMP.Nos.21557, 21558 & 21560/2024 in

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WA.No.155/2022 are ordered.

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(4) Registry is to carry out necessary amendment in the cause title and

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post the Writ Appeal for final hearing after two weeks.

[SSSRJ] [PDBJ]

04.11.2024

AP Internet : Yes

https://www.mhc.tn.gov.in/judis

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CMP.Nos.21557, 21558 & 21560/2024 in WA.No.155/2022

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1.The Secretary

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Housing & Urban Development Board Fort St George, Chennai 600 009.

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2.The Chairman Tamil Nadu Housing Board Nandanam, Chennai 600 035.

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3.The Land Acquisition Officer & Special Tahsildar [Land Acquisition] Housing Development Scheme No.1, Coimbatore 641 018.

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4.The Executive Engineer Tamil Nadu Housing Board Tatabad, Coimbatore 641012.

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https://www.mhc.tn.gov.in/judis

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CMP.Nos.21557, 21558 & 21560/2024 in WA.No.155/2022

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S.S.SUNDAR, J., and P.DHANABAL, J.,

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CMP.Nos.21557, 21558 & 21560/2024 IN WA.No.155/2022

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04.11.2024

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https://www.mhc.tn.gov.in/judis

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M.Ganasubramaniam (Deceased) 1.G.PANKAJAM v. the Secretary

Case brief

What is this about?

What did the court decide?

M.Ganasubramaniam (Deceased) 1.G.PANKAJAM v. the Secretary

Case brief

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What did the court decide?

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