Allowed¶18

Prem @ Prem Kumar v. Padmanabhan

Madras HC20 Mar 2025CMP/2148/2025

Case brief

AI extract

What is this about?

Restoration of MCOP No.84 of 2008 before the Chief Judicial Magistrate, Chengalpet; compliance with deposit condition in order dated 20.06.2024 in C.R.P.No.2112 of 2024 (Madras High Court); Rs.1000/- deposited with District Legal Services Authority, Chengalpet on 08.07.2024; ten-day period runs from receipt of certified copy (delivered 11.09.2024); CMP allowed; CJM directed to restore the MCOP and proceed in accordance with law.

What did the court decide?

Direction to the Chief Judicial Magistrate, Chengalpet to restore MCOP No.84 of 2008 and proceed with the same in accordance with law. ¶18

Prem @ Prem Kumar Vs Padmanabhan — Madras HC (2025) — LawSathi Research

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CMP No. 2148 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-03-2025

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CORAM

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THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA

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CMP No. 2148 of 2025

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in CRP No. 2112 of 2024

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Prem @ Prem Kumar

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S/o.Perumal, No.9, Sivaraj Street, Thiruneermalai, Chennai 600 044.

Appellant(s)

Padmanabhan

S/o.M.Nagarn, No.5/136, Thiruvalluvar Street, Okkiampettai, Chennai. and another Respondent

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For Appellant(s): M/r.K.M.Mohamedziauddin

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ORDER

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This civil miscellaneous petition has been filed to direct the Chief Judicial Magistrate, Chengalpet, to receive the memo evidencing the payment of Rs.1000/- to the District Legal Services Authority, Chengalpet, on 08.07.2024 and to restore MCOP No.84 of 2008.

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2.Learned counsel for the petitioner would submit that this Court, while allowing the main Civil Revision Petition vide order dated 20.06.2024, had directed the petitioner to deposit Rs.1000/- to the District Legal Services Authority, Chengalpet within ten days from the date of receipt of a copy of the order and produce the proof along with memo before the Chief Judicial Magistrate, Cheongalpet and on perusal of proof of payment, the Chief Judicial Magistrate, Chengalpet had directed to restore MCOP No.84 of 2008 https://www.mhc.tn.gov.in/judis

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on file and dispose of the same within a period of two months from the date of restoration. Thereby, the petitioner had deposited the said amount before the District Legal Services Authority, Chenglepet on 08.07.2024 itself and the District Legal Services Authority, Chenglepet has also received the said amount and had issued the receipt for the same. He would further submit that though he had received the certified copy of the order in C.R.P.No.2112 of 2024 only on 12.09.2024, the petitioner had deposited the amount even prior to the receipt of copy of the order whereas the Chief Judicial Magistrate, Chengalpet, has refused to accept the same stating that the amount was paid after 10days of the order and thereby, he would seek direction to the concerned Judge.

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3.It is seen that the order in C.R.P.No.2112 of 2024 has been passed on 20.06.2024, but the certified copy has been delivered to the petitioner only on 11.09.2024. The petitioner with abundant caution had deposited the amount on 08.07.2024 itself. In view of the same, the Chief Judicial Magistrate, Chengalpet, is directed to restore MCOP No.84 of 2008 and proceed with the same in accordance with law.

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20-03-2025

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Note: Issue order copy on 24.03.2025 raa

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1.The Chief Judicial Magistrate, Chengalpet,

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

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A.D.JAGADISH CHANDIRA,J.

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