The Madurai Bench of the Madras High Court condoned a delay of 1890 days in filing a writ appeal against an order refusing to quash an administrative decision and redetermine pension benefits, subject to the payment of costs by the appellants.
Delay of 1890 days condoned upon payment of Rs.5,000/- as costs to the private respondent.
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CMP(MD) No.8348 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Civil Appellate Jurisdiction )
Monday, the Eighteenth day of November 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.8348 of 2024 IN
WA(MD) No.SR42632 of 2024
1 THE STATE OF TAMILNADU REP. BY ITS SECRETARY, REVENUE DEPARTMENT, ST. GEORGE FORT, CHENNAI 600 009.
2 THE DISTRICT COLLECTOR MADURAI DISTRICT, MADURAI
3 THE TAHSILDAR NORTH TALUK OFFICE, MADURAI
4 THE TAHSILDAR MADURAI EAST TALUK, EAST TALUK OFFICE, Y.OTHAKADAI, MADURAI
... PETITIONERS/APPELLANTS
Vs
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CMP(MD) No.8348 of 2024
S.MALAICHAMY
... RESPONDENT/RESPONDENT
Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to Condone the delay of 1890 days, in filing the above Writ Appeal as against the order dated 20.03.2019 passed by this Honourable Court in WP(MD). No.15271 of 2017.
Prayer in WA(MD) No.SR42632 of 2024 :
To set aside the order dated 20.03.2019 made in WP(MD)No.15271 of 2017 on th file of this Hon'ble Court by allowing the Writ Appeal.
Prayer in WP(MD). 15271/ 2017 :
To issue a writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the 2nd respondent, in his proceedings in Na.Ka.No.59137/17/G1 dated 28.03.2017 and quash the same as illegal and consequently direct the respondents to refix the pension of the petitioner by considering petitioners entire period of service i.e. from 07.09.1972 to 31.08.2013, on par with the various judgments made by this Court and further direct the respondents to sanction the petitioner's full pensionary benefits to the petitioner within the time fixed by this Court.
ORDER : This 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 MR.S.SHAJI BINO, Special Government Pleader for the petitioner and of MR.S.SRIKANTH, Advocate on behalf of the 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 payment of a sum of Rs.5,000/- (Rupees five thousand only) to be payable by the appellants as cost to the private respondent herein. After payment of the cost to the
respondent, the Government is at liberty to recover the said sum of Rs.5,000/- from https://www.mhc.tn.gov.in/judis
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CMP(MD) No.8348 of 2024
the officials, who were responsible for the delay in preferring the present appeal.
sd/18/11/2024 / TRUE COPY /
/11/2024
Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
RR
TO
1 THE SECRETARY, STATE OF TAMILNADU REVENUE DEPARTMENT, ST. GEORGE FORT, CHENNAI 600 009.
2 THE DISTRICT COLLECTOR MADURAI DISTRICT, MADURAI
3 THE TAHSILDAR NORTH TALUK OFFICE, MADURAI
4 THE TAHSILDAR MADURAI EAST TALUK, EAST TALUK OFFICE, Y.OTHAKADAI, MADURAI.
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CMP(MD) No.8348 of 2024
ORDER IN CMP(MD) No.8348 of 2024 IN WA(MD) No.SR42632 of 2024 Date :18/11/2024
RS/GSV/SAR-(22.11.2024) 4P 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 the delay of 1890 days in filing the writ appeal is condonable in the facts and circumstances of the case.
THE STATE OF TAMILNADU REP. BY ITS SECRETARY, REVENUE DEPARTMENT, ST. GEORGE FORT, CHENNAI
THE DISTRICT COLLECTOR MADURAI DISTRICT, MADURAI
THE TAHSILDAR NORTH TALUK OFFICE, MADURAI
THE TAHSILDAR MADURAI EAST TALUK, EAST TALUK OFFICE, Y.OTHAKADAI, MADURAI
S.MALAICHAMY
M.S.RAMESH
A.D.MARIA CLETE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
