The High Court allowed a condonation of delay petition, permitting the filing of a Writ Appeal with a 301-day delay after satisfaction with the reasons provided and the payment of a condonation fee.
The petition for condonation of delay is allowed and the delay of 301 days is condoned subject to payment of Rs. 5,000.
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.
CMP(MD) No.2804 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Thursday, the Fifth day of December Two Thousand and Twenty Four
PRESENT
The HONOURABLE MR. JUSTICE M.S.RAMESH and
The HONOURABLE DR. JUSTICE A.D. MARIA CLETE
CMP(MD) No.2804 of 2024
in
WA(MD)No.SR12201 of 2024
1 THE COMMISSIONER HR AND CE (ADMINISTRATION) CHENNAI.
2 THE JOINT COMMISSIONER HR AND CE (ADMINISTRATION) CHENNAI.
... PETITIONERS/APPELLANTS
Vs
1 RAMAN @ ONDACHI POOSARI
2 VEERAMALAI
3 MARIAPPAN
4 THE EXECUTIVE OFFICER ARULMIGU KADAMBAVANESWARAR TEMPLE, KADAMALIKOIL, KUZHITHALAI TALUK, KARUR DISTRICT. ... RESPONDENTS/RESPONDENTS
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CMP(MD) No.2804 of 2024
Civil Miscellaneous petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass an order of condone the delay of 301 days in filing the present Writ Appeal against the order made in WP(MD) No.3339 of 2009 dated 23.01.2023 on the file of this Honourable Court.
PRAYER in WA(MD)No.SR12201 of 2024:
To set aside the order made in W.P(MD)No.3339 of 2009 dated 23.01.2023 on the file of this Hon'ble Court and allow the Writ Appeal.
Prayer in WP(MD). 3339/ 2009 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Certiorari, calling for the records of the 1st respondent dated 12.9.2001 passed vide his proceedings in Nada.Mu.38987/2001/L5 and quash the same.
ORDER : This Civil Miscellaneous petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.J.ASHOK, Additional Government Pleader for the Appellants and of M/S.J.ANANDHAVALLI, Advocate on behalf of the Respondents 1 to 3 and MR.R.BHAVANIDHARAN, Advocate for the 4th respondent, the Court made the following order:-
Having been satisfied with the reasons stated in the accompanying affidavit filed in support of the petition, this petition is allowed and the delay is condoned on condition that the petitioner pays a sum of Rs.5,000/- (Rupees five thousand only) to
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CMP(MD) No.2804 of 2024
the credit of Account No.10767823177 (State Bank of India) towards District Siddha
Medical Officer, CCRI, Periyakulam.
sd/05/12/2024
/ TRUE COPY /
/12/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
RR TO
1 THE COMMISSIONER HR AND CE (ADMINISTRATION) CHENNAI.
2 THE JOINT COMMISSIONER HR AND CE (ADMINISTRATION) CHENNAI.
COPY TO:
THE DISTRICT SIDDHA MEDICAL OFFICER, CCRI, PERIYAKULAM.
+1 CC to M/s.J.ANANDHAVALLI, Advocate ( SR-15083[I] dated 09/12/2024 )
ORDER IN CMP(MD) No.2804 of 2024 in WA(MD)No.SR12201 of 2024 Date :05/12/2024
SS/GSV/SAR- /17/12/2024/ 3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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1 issue framed by the court
Whether a delay of 301 days in filing the Writ Appeal could be condoned upon explanation.
The Commissioner HR and CE (Administration) Chennai
The Joint Commissioner HR and CE (Administration) Chennai
Raman @ Ondachi Poosari
Veeramalai
Mariappan
The Executive Officer Arulmigu Kadambavaneshwarar Temple, Kadamilikoil
M.S.RAMESH
A.D. MARIA CLETE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
