The Madras High Court dismissed a Civil Miscellaneous Petition seeking condonation of delay in filing a Writ Appeal and rejected the connected appeal at the summary reference (SR) stage upon the filing's withdrawal.
Petitioner granted liberty to file a Review Petition; Connected Appeal rejected at SR stage.
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.
C.M.P.(MD) No.17213 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH AND
THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
C.M.P.(MD)No.17213 of 2024
and
W.A.(MD)SR.No.66762 of 2024
Sudalai
... Petitioner
-Vs-
1.P.Lakshmi Manickam
2.The District Collector,
Tuticorin District, Tuticorin.
3.The Revenue Divisional Officer,
Tuticorin District,
Tuticorin.
Page 1 of 5
4.The Assistant Director of Mines and Minerals, Tuticorin Collectorate, Tuticorin District.
C.M.P.(MD) No.17213 of 2024
5.The Tahsildar, Srivaikuntam, Tuticorin District.
... Respondents
PRAYER in C.M.P.(MD)No.17213 of 2024: Petition filed under Section 5
of the Limitation Act, praying to condone the delay of 243 days in filing Writ Appeal in W.A.SR.No.66762/2024 against the impugned order dated 22.12.2023 passed in W.P.(MD)No.19535 of 2019.
PRAYER in W.A.(MD)SR.No.66762 of 2024: Appeal filed under Clause 15 of Letters Patent, praying this Court to set aside the order dated 22.12.2023 in W.P.(MD)No.19535 of 2019.
For Petitioner : Mr.T.Selvan For Respondents 2 to 5 : Mr.J.Ashok
Additional Government Pleader
Page 2 of 5
O R D E R
C.M.P.(MD) No.17213 of 2024
[Order of the Court was made by M.S.RAMESH, J.]
Learned Counsel for the petitioner seeks permission of this Court to withdraw this Civil Miscellaneous Petition, with liberty to the petitioner to file a Review Petition. He has also made an endorsement to that effect in the Court bundle.
2. Accordingly, this Civil Miscellaneous Petition is dismissed as withdrawn, with liberty to the petitioner to Review Petition along with the application seeking for leave. Consequently, the connected W.A.(MD)SR.No. 66762 of 2024 is rejected at the SR stage itself. There shall be no order as to costs.
[M.S.R., J.] & [A.D.M.C., J.]
29.11.2024
NCC : Yes / No Index : Yes / No Internet: Yes / No MR
Page 3 of 5
C.M.P.(MD) No.17213 of 2024
To
Tuticorin District.
Page 4 of 5
C.M.P.(MD) No.17213 of 2024
M.S.RAMESH, J.
AND A.D.MARIA CLETE, J.
MR
C.M.P.(MD)No.17213 of 2024 and W.A.(MD)SR.No.66762 of 2024
29.11.2024
Page 5 of 5
Sudalai
P.Lakshmi Manickam
The District Collector, Tuticorin District, Tuticorin
The Revenue Divisional Officer, Tuticorin District, Tuticorin
The Assistant Director of Mines and Minerals, Tuticorin Collectorate, Tuticorin District
The Tahsildar, Srivaikuntam, Tuticorin District
M.S.Ramesh
A.D.Maria Clete
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
